JUDGMENT Hon'ble Manoj K. Tiwari, J. (Oral) By means of this petition, petitioner has sought following reliefs: “(i) To issue a writ, order or direction in the nature of certiorari to quash the Notices dated 28.02.2017 and 14.03.2017 issued against the petitioner. (ii) To issue a writ, order or directions in the nature of mandamus directing the respondent authorities to provide admission form to the petitioner for the students appearing in Board exams for the Session 2017-18." Heard learned counsel for the parties and perused the record. 2. Petitioner in this writ petition is an educational institution known as Adi Guru Shankracharya Inter College, Village Bhood, Khatima, Udham Singh Nagar. Petitioner institution is imparting education upto Intermediate level and is duly recognized by Uttarakhand School Education Board (hereinafter referred to as Board) constituted under Section 5 of Uttarakhand School Education Act, 2006. As per the averments made in the writ petition, petitioner has been granted recognition for running Classes 6th, 7th and 8th by the Assistant Director (Basic), Kumaun Region by the order dated 05.05.2003. Subsequently, by means of order dated 21.08.2006 recognition for running High School classes was granted by the Secretary (Education), Government of Uttarakhand under Section 9(4) of Intermediate Education Act 1921. Thereafter, recognition for running Intermediate classes in Humanities Group was granted by the Secretary of the Board vide order dated 24.06.2008 and soon thereafter recognition for intermediate classes (Science Group) was also granted by Secretary of the Board vide order dated 18.08.2008. The Chief Education Officer, Udham Singh Nagarvide letter dated 31.03.2016 has issued a certificate to the petitioner school as contemplated in Section 19(2) of the Right of Child to Free and Compulsory Education Act, 2009. 3. Petitioner is aggrieved by the notices dated 28.02.2017 and 14.03.2017 issued by Secretary of the Board, which are impugned in the writ petition. By the first notice, petitioner was informed that pursuant to decision taken by the Recognition Committee, respondent no.4/Secretary has issued letter to the Chairman of the Board on 10.11.2016 for withdrawal of recognition for High School and Intermediate Classes granted to the petitioner institution. It has further been stated in the said notice that in terms of the decision taken by the Recognition Committee, Board has issued a notification on 23.02.2017, informing parents of the students not to take admission in High School and Intermediate Classes in the petitioner institution. It has further been stated in the said notice that in terms of the decision taken by the Recognition Committee, Board has issued a notification on 23.02.2017, informing parents of the students not to take admission in High School and Intermediate Classes in the petitioner institution. By the second notice, dated 14.03.2017 petitioner institution was restrained from admitting any student in High School and Intermediate Classes for the academic session 2017-18. 4. Perusal of the first notice dated 18.02.2017 would indicate that one Shri Ram Bharosa made a complaint to the Secretary of the Board alleging that the petitioner institution had submitted forged documents regarding land of the School and the Sub Divisional Magistrate, Khatima in his report has expressed doubt over the documents submitted by the petitioner for obtaining recognition, therefore the matter was placed before Recognition Committee and the said Committee has decided to withdraw recognition granted to the petitioner institution. 5. The impugned notices have been challenged by petitioner on the following grounds: (i) In the absence of any order for withdrawal of recognition by the Competent Authority i.e. State Government in terms of Proviso to Rule 2(i), Chapter 7 of the Regulations 2009 framed under Uttarakhand School Education 2006, the action taken by the Board against the petitioner is illegal. (ii) Since the impugned action has been taken on the basis of a complaint made by some private individual, therefore it was incumbent upon the respondent to supply copy of the complaint to the petitioner institution so that it may put forth its version in the matter. (iii) Petitioner was not heard at any stage by the Recognition Committee or any other Authority while taking decision to withdraw the recognition. 6. This court vide order dated 01.11.2017 had sought reply from Secretary of the Board on certain aspects and Secretary of the Board has now filed counter affidavit. Learned counsel for the Board submits that decision taken by the Recognition Committee was sent to the Chairman of the Board vide letter dated 10.11.2016. He further submits that the matter was thereafter referred to the State Government vide letter dated 18.04.2017 but the State Government is yet to take decision in the matter. Since it is the State Government which is Competent to withdraw the recognition, therefore in the absence of any order by the State Government, decision taken by the Board cannot be given effect to. Since it is the State Government which is Competent to withdraw the recognition, therefore in the absence of any order by the State Government, decision taken by the Board cannot be given effect to. 7. In such view of the matter, I am of the opinion that action taken by the Board against the petitioner institution cannot be held to be justified. 8. Learned counsel appearing for the board very fairly submits that opportunity of hearing was not given to the petitioner. Since, withdrawal of recognition has serious consequence for an educational institution, therefore fair play in action demands that the petitioner institution should be given an opportunity of hearing. This requirement has been incorporated in Regulation 12(a) of Chapter 7 of the Regulations framed under Uttarakhand School Education Act, 2006. Thus, the action taken by the respondents against the petitioner does not appear to be valid. 9. For the reasons as stated above, the impugned notices dated 28.02.2017 and 14.03.2017 issued by the Board against the petitioner institution are liable to be quashed and are hereby quashed. The writ petition is allowed. Secretary of the Board is directed to issue 34 Examination Forms to the Manager/Principal of the petitioner institution (26 Forms for Intermediate Examination and 8 for High School Examination) within three days from today. The Manager/Principal of the institution shall submit duly completed forms with the Board within a week thereafter. The students of Class 10th & 12th in petitioner institution shall be permitted to appear in the Board Examination conducted by respondent no. 5 in the month of February/March/April 2018. However, it shall be open for the Competent Authority to take appropriate action in respect of complaints against the petitioner institution in accordance with law. This judgment will not preclude the respondents from placing the matter afresh before the Recognition Committee, if need be. However, final order, if any, shall be passed only after completion of Board Examinations-2018. 10. With above observations and directions, writ petition stands disposed of. 11. Pending application, if any, also stands disposed of.