COMMITTEE OF MANAGEMENT VEENAPADI VIDYALAYA SAMITI KANPUR NAGAR AND ANOTHER v. BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION U P ALLAHABAD AND OTHERS
2002-10-07
S.P.MEHROTRA
body2002
DigiLaw.ai
S. P. MEHROTRA, J. Issue notice pending admission. 2. Respondents are represented by learned Standing Counsel. They are granted four weeks time to file their counter-affidavit. The petitioners may file their rejoinder affidavit by the next date of listing. 3. List this case for admission in the week commencing 18th November, 2002. 4. Heard on the question of grant of interim reliefs. 5. Learned Counsel for the petitioners has referred to an interim order dated 12th September, 2002 passed in Civil Misc. Writ Petition No. 38891 of 2002 wherein similar controversy is involved. 6. Learned Counsel for the petitioners has further submitted that by the action of the respondents in not issuing Examination Forms for High School Examination and Intermediate Examination, 2003 in respect of a number of students, the interest of such students will be adversely affected. 7. Learned Standing Counsel, on the other hand, has submitted that restrictions in question were imposed by the notification dated 22nd November, 2000 with effect from the examination for the year 2002, and the petitioners having violated the said restrictions, are not entitled to any indulgence. 8. I have considered the submissions made by the learned Counsel for the parties and have perused the aforesaid interim order dated 12th September, 2002 passed in the aforesaid Civil Misc. Writ Petition No. 38891 of 2002. 9. In view of the said interim order as well as in view of the interest of the students involved, the following interim directions are being given without prejudice to the rights and contentions of the parties involved in the writ petition: RE : PETITIONER NO. 1 (I) The name of the institution of the Petitioner No. 1 is Veenapadi Vidyalaya, village Laxmanpur, Post office Chhatarpur, Tahsil and District Kanpur Nagar. The said institution has, hereinafter, been referred to as "the institution in question". (II) There are following categories of the students who want to appear in High School Examination, 2003 from the institution in question : H 1. The students who were registered as regular students in the institution in question in the examination of the year 2002. H 2. The students who appeared as regular students in the High School Examination, 2002 from the institution in question and have failed. H 3.
The students who were registered as regular students in the institution in question in the examination of the year 2002. H 2. The students who appeared as regular students in the High School Examination, 2002 from the institution in question and have failed. H 3. The students who were registered in other institutions in Class 9 and have passed Class 9 from such other institutions in the examination of the year 2002, and thereafter, they have taken admission as regular students in Class 10 in the institution in question for the Session 2002-03. H 4. The students who appeared as regular students in the High School Examination, 2002 from other institutions and have failed, and thereafter, they have taken admission as regular students in the Class 10 again the institution in question. Similarly, there are following categories of the students who want to appear in Intermediate Examination, 2003 from the institution in question : M1. The students who were registered as regular students in the institution in question in Class 11 and who have passed Class 11 from the institution in question in the examination of the year 2002. M2. The students who appeared as regular students in the Intermediate Examination, 2002 from the institution in question and have failed. M3. The students who were registered in other institutions in Class 11 and have passed Class 11 from such other institutions in the examination of the year 2002, and thereafter, they have taken admission as regular students in Class 12 in the institution in question for the Sessions 2002-03. M4. The students who appeared as regular students in the Intermediate Examination, 2002 from other institutions and have failed, and thereafter, they have taken admission as regular students in Class 12 again in the institution in question. (III) The Petitioner No. 1 will submit separate lists in respect of the students belonging to each of the above categories along with all the relevant documents and details before the District Inspector of Schools concerned by 11th October, 2002. The said District Inspector of Schools will determine the number of students belonging to each of the above categories in respect of the institution in question.
The said District Inspector of Schools will determine the number of students belonging to each of the above categories in respect of the institution in question. (IV) As regards the students of the institution in question falling in the categories (II) (H1) and (H2) and categories (II) (M1) and (M2) above : A. As regards that students of the institution in question falling in these categories, the said District Inspector of Schools will issue, if not already issued, examination forms for High School Examination, 2003/intermediate Examination, 2003, as the case may be, by 18th October, 2002. B. The Petitioner No. 1 will get he said forms filled up by the said students, and then submit the said forms along with all the relevant documents etc. before the said District Inspector of Schools by 25th October, 2002. C. The said District Inspector of Schools after carrying out required verification etc. will forward the said forms to the Board of High School and Intermediate Education, Uttar Pradesh by 31st October, 2002. D. In case, the said forms are complete in all other respects, the same will not be rejected by the said District Inspector of Schools or by the said Board of High School and Intermediate Education, Uttar Pradesh on the ground that the last date for submission thereof has expired. (V) As regards the students of the institution in question falling in the categories (II), (H3) and (H4) and categories (II) (M3) and (M4) : A. As regards the students of the institution in question falling in these categories, the said District Inspector of Schools will issue examination forms for High School Examination, 2003/intermediate Examination, 2003 by 18th October, 2002. Each such form will bear at the top on the first page, the following endorsement : "provisional and SUBJECT TO THE DECISION OF THE ALLAHABAD HIGH COURT IN WRIT PETITION NO. 38799 OF 2002. " B. The petitioner No. 1 will get the said forms filled up by the send student and then submit the said forms along with all the relevant documents etc. before the said District Inspector of Schools by 25th October, 2002. C. The said District Inspector of Schools after carrying out required verification etc. will forward the said forms to the Board of High School and Intermediate Education, Uttar Pradesh by 31st October, 2002.
before the said District Inspector of Schools by 25th October, 2002. C. The said District Inspector of Schools after carrying out required verification etc. will forward the said forms to the Board of High School and Intermediate Education, Uttar Pradesh by 31st October, 2002. D. In case, the said forms are complete in all other respects, the same will not be rejected by the said District Inspector of Schools or by the said Board of High School and Intermediate Education, Uttar Pradesh on the ground that the last date for submission thereof has expired. However, the acceptance of these forms by the said District Inspector of Schools as well as by the said Board of High School and Intermediate Education, Uttar Pradesh will be only provisional and without prejudice to the rights and contentions of the parties in the present writ petition. E. The Petitioner No. 1 will send a communication to each of the said students at his respective address by registered post giving detailed narration of the aforesaid facts along with a copy of this order by 18th October, 2002. The Petition No. 1 will file by 25th October, 2002 an affidavit before this Court through the Principal/manager of the institution in question annexing thereto copy of the communication sent to each of the said students along with proof of dispatch of the said communication to each of the said students by registered post. F. The said affidavit to be filed by the Petitioner No. 1 through the Principal/manager of the institution in question will also contain a categorical undertaking that the Petitioner No. 1 will henceforth strictly comply with the restrictions imposed, inter alia, by the aforesaid notification dated November 22, 2000 and other connected notifications, orders etc. , and will not admit in the institution in question in the session 2003-04 or any subsequent session, any student similar to those falling in the aforesaid categories (II) (H3) and (H4) and in the aforesaid categories (II) (M3) and (M4) until further orders of this Court. G. In case, the aforesaid communications are not sent within the time granted or the aforesaid affidavit is not filed by the Petitioner No. 1 within the time granted, this order will stand automatically vacated. RE : PETITIONER NO. 2 10. (I) The name of the institution of the Petitioner No. 2 is Sri Raghuraj Singh Uchatar Madhyamaik, Kathara, Kanpur.
G. In case, the aforesaid communications are not sent within the time granted or the aforesaid affidavit is not filed by the Petitioner No. 1 within the time granted, this order will stand automatically vacated. RE : PETITIONER NO. 2 10. (I) The name of the institution of the Petitioner No. 2 is Sri Raghuraj Singh Uchatar Madhyamaik, Kathara, Kanpur. The said institution has hereinafter been referred to as "the institution in question". (II) There are following categories of the students who want to appear in High School Examination, 2003 from the institution in question : H1. The students who were registered as regular students in the institution in question in Class 9 and who have passed Class 9 from the institution in question in the examination of the year 2002. H2. The students who appeared as regular students in the High School Examination, 2002 from the institution in question and have failed. H3. The students who were registered in other institutions in Class 9 and have passed Class 9 from such other institutions in the examination of the year 2002, and thereafter, they have taken admission as regular students in Class 10 in the institution in question for the Session 2002-03. H4. The students who appeared as regular students in the High School Examination, 2002 from other institutions and have failed, and thereafter, they have taken admission as regular students in the Class 10 again in the institution in question. Similarly, there are following categories of the students who want to appear in Intermediate Examination, 2003 from the institution in question : M1. The students who were registered as regular students in the institution in question in Class II and who have passed Class II from the institution in question in the examination of the year 2002. M2. The students who appeared as regular students in the Intermediate Examination, 2002 from the institution in question and have failed. M3. The students who were registered in other institutions in Class 11 and have passed Class 11 from such other institutions in the examination of the year 2002, and thereafter, they have taken admission as regular students in Class 12 in the institution in question for the Sessions 2002-03. M4.
M3. The students who were registered in other institutions in Class 11 and have passed Class 11 from such other institutions in the examination of the year 2002, and thereafter, they have taken admission as regular students in Class 12 in the institution in question for the Sessions 2002-03. M4. The students who appeared as regular students in the Intermediate Examination, 2002 from other institutions and have failed, and thereafter, they have taken admission as regular students in Class 12 again in the institution in question. (III) The Petitioner No. 2 will submit separate lists in respect of the students belonging to each of the above categories along with all the relevant documents and details before the District Inspector of Schools concerned by 11th October, 2002. The said District Inspector of Schools will determine the number of students belonging to each of the above categories in respect of the institution in question. (IV) As regards the students of the institution in question falling in the categories (II) (H1) and (H2) and categories (II) (M1) and (M2) above : A. As regards the students of the institution in question falling in these categories, the said District Inspector of Schools will issue, if not already issued, examination forms for High School Examination, 2003/intermediate Examination, 2003,as the case may be, by 18th October, 2002. B. The Petitioner No. 2 will get the said forms filled up by the said students, and then submit the said forms along with all the relevant documents etc. before the said District Inspector of Schools by 25th October, 2002. C. The said District Inspector of Schools after carrying out required verification etc. will forward the said forms to the Board of High School and Intermediate Education, Uttar Pradesh by 31st October, 2002. D. In case, the said forms are complete in all other respects, the same will not be rejected by the said District Inspector of Schools or by the said Board of High School and Intermediate Education, Uttar Pradesh on the ground that the last date for submission thereof has expired.
D. In case, the said forms are complete in all other respects, the same will not be rejected by the said District Inspector of Schools or by the said Board of High School and Intermediate Education, Uttar Pradesh on the ground that the last date for submission thereof has expired. (V) As regards the students of the institution in question falling in the categories (II) (H3) and (H4) and categories (II) (M3) and (M4) : A. As regards the students of the institution in question falling in these categories, the said District Inspector of Schools will issue examination forms for High School Examination, 2003/intermediate Examination, 2003 by 18th October, 2002. Each such form will bear at the top on the first page, the following endorsement : "provisional and SUBJECT TO THE DECISION OF THE ALLAHABAD HIGH COURT IN WRIT PETITION NO. 38799 OF 2002. " B. The Petitioner No. 2 will get the said forms filled up by the said student and then submit the said forms along with all the relevant documents etc. before the said District Inspector of Schools by 25th October, 2002. C. The said District Inspector of Schools after carrying out required verification etc. will forward the said forms to the Board of High School and Intermediate Education, Uttar Pradesh by 31st October, 2002. D. In case, the said forms are complete in all other respects, the same will not be rejected by the said District Inspector of Schools or by the said Board of High School and Intermediate Education, Uttar Pradesh on the ground that the last date for submission thereof has expired. However, the acceptance of these forms by the said District Inspector of Schools as well as by the said Board of High School and Intermediate Education, Uttar Pradesh will be only provisional and without prejudice to the rights and contentions of the parties in the present writ petition. E. The petitioner No. 2 will send a communication to each of the said students at his respective address by registered post giving detailed narration of the aforesaid facts along with a copy of this order by 18th October, 2002.
E. The petitioner No. 2 will send a communication to each of the said students at his respective address by registered post giving detailed narration of the aforesaid facts along with a copy of this order by 18th October, 2002. The petition No. 1 will file by 25th October, 2002 an affidavit before this Court through the Principal/manager of the institution in question annexing thereto copy of the communication sent to each of the said students along with proof of dispatch of the said communication to each of the said students by registered post. F. The said affidavit to be filed by the Petitioner No. 2 through the Principal/manager of the institution in question will also contain a categorical undertaking that the Petitioner No. 2 will enceforth strictly comply with the restrictions imposed, inter alia, by the aforesaid notification dated November 22, 2000 and other connected notifications, orders etc. , and will not admit in the institution in question in the session 2003-04 or any subsequent session, any student similar to those falling in the aforesaid categories (II) (H3) and (H4) and in the aforesaid categories (II) (M3) and (M4) until further orders of this Court. G. In case, the aforesaid communications are not sent within the time granted or the aforesaid affidavit is not filed by the Petitioner No. 1 within the time granted, this order will stand automatically vacated. 11. A certified copy of this order shall be given to the learned Counsel for the parties on payment of usual charges within 24 hours. Petition allowed. .