JUDGMENT Hon’ble Arun Tandon, J.—Heard learned Counsel for the parties. 2. Petitioner, Mahaveer Singh, who claims to be the Manager of Committee of Management of Janta Inter College, Nimapati, Saidpur Bulandshahr, has filed this writ petition for quashing the order dated 28th December, 2006 passed by the State Government, wherein the State Government has refused to grant permission to the students admitted by the petitioner for appearing in the Intermediate Examination (Class-XII) conducted by the Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad in the year 2007. Facts: 3. Petitioner’s institution was initially recognised upto High School Level by the Madhyamik Shiksha Parishad. On 30th December, 2004 petitioner’s institution made an application for being recognised upto Intermediate Classes. Application of the petitioner was processed by the Madhyamik Shiksha Parishad and it was only on 30th July, 2006, recognition was granted to the petitioner’s institution under Section 7-AA of the Intermediate Education Act, 1921 for starting Intermediate Classes also. It was provided that students would be entitled to appear in the Intermediate Examination (Class-XII) conducted by the Madhyamik Shiksha Parishad in the year 2008. 4. Not being satisfied with the conditions so incorporated, the petitioners’ institution made an application for permission being granted for the students already admitted in the institution in Class-XI in 2005-06 being permitted to appear in the Intermediate Examinations of the year 2007. 5. Since the application of the petitioner was not being processed, petitioner approached this Court, by means of Civil Misc. Writ Petition No. 52555 of 2006. The writ petition was disposed of vide Judgement and order dated 20th September, 2006 with a direction that the request made by the petitioner as noticed herein above, may be considered by the authority concerned within one month. 6. The State Government, being the competent authority, under the impugned order has rejected the request made by the institution. This order of the State Government dated 28th December, 2006 is being challenged on the ground that in respect of similarly situate institution, namely, Sri Ram Krishan Kanya Inter College, Bulandshahr the State Government had amended the terms and conditions for grant of recognition under Section 7-AA and the students admitted by the said institution prior to grant of recognition have been permitted to appear in the Intermediate Examination (Class-XII) in the year following the date of which recognition was granted. Therefore, petitioner claims parity. Therefore, petitioner claims parity. It is further submitted that the petitioner had applied for recognition being granted in the year 2004-05 and therefore, delay in grant of recognition is squarely upon the Madhyamik Shiksha Parishad/State Government for which students cannot be penalized. 7. I have heard learned Counsel for the parties and have gone through the records of the present writ petition. 8. Before appreciating the contention raised on behalf of the petitioner, it is worthwhile to reproduce the relevant clause of the approval letter dated 10th July, 2006 under the heading of Samanya Pratipandh. Clause-1 of the said approval letter reads as follows : “(1) Intermediate Shiksha (Sansodhan) Adhiniyam-1978 ki dhara-7Ka(Ka) ke pravadhono ke antargat ish patra dwara naveen/varg/vishay ki pradatt manyata ko 11 vi kaksha sanchalit karney ke purva shiksha ke prabandh ki vyavastha, shikshan vavastha. saj-sajja, shikshan samagri prayogshala, bhumi/bhavan, pustakalaya prathut, kosh surakshit kosh avam arthik stithi aur anya pratibandho ki purti kar li jaye tatha vidyalay ke anushashan avam prashahan ki vyavastha sunischit kar jila vidyalaya nirikshak ke madhyam se parishad ko avagat karayen.” 9. From the aforesaid Clause it is apparently clear that institution was required to start Class-XI subsequent to the grant of recognition to the institution for Intermediate Examination with the permission of the District Inspector of School after the petitioner had established necessary infrastructure for starting such classes. This clause necessarily leads to the conclusion that prior to 10th July, 2006. Petitioner was not entitled to admit the students in Class-XI or to start the teaching work in the said Class-XI. It is needless to point out that under the earlier recognition granted to the institution upto High school level, institution was entitled to impart education upto Class-X only. 10. In view of the aforesaid Clause, as also in view of the fact that admission in Class-XI could be made by the institution only subsequent to the issuance of the approval letter dated 10th July, 2006, no students could have been lawfully admitted by the petitioner in Class-XI prior to the said date, nor such students candidates be said to be bona fide students, so as to permit them to appear in the Intermediate Examination (Class-XII) in the year 2007. 11. 11. As a matter of fact the admission granted by the petitioner to students in Class-11 is totally unauthorised and cannot be the basis/cause for the State Government to permit such students to appear in the Intermediate Examination in the year 2007. 12. It may also be noticed that under Regulation-3 of Chapter-XII of the Regulations framed under the Intermediate Education Act, a regular student is required to be registered with Madhyamik Shiksha Parishad in Class-XI before he can be permitted to appear in Board Examination of Class-XII in the next year following. Learned Counsel for the petitioner has not been able to demonstrate that such registration of students of the petitioners’ institution was done, so that they could appear in the Board Examination of Class-XII in the year 2007. 13. In this background there is no illegality or infirmity in the order passed by the State Government dated 28th December, 2006 refusing permission to the students of petitioners’ institution for appearing in the Intermediate Examination of the year 2007. 14. The writ petition lacks merit and is accordingly dismissed. ————