COMMITTEE OF MANAGEMENT OF NIRMAL KESIYA DEVI SHIKSHA SANSTHAN AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Shyam Kishore Gupta for the respondent No. 4 and learned standing counsel for the respondent Nos. 1 to 3 and 5. The challenge in this petition is to the order of Addl. Commissioner Mr. B.L. Agrawal whereby he has directed the District Magistrate, Deoria, to call upon the District Inspector of Schools and the Basic Education Officer respectively to take action against the petitioner for having obtained recognition of four institutions within the same campus on the basis of identical revenue records. He has further directed the authorities to take action for lodging an F.I.R. and for withdrawing their recognition as well as for holding an inquiry as to whether any more such matters have been located or not which is in the shape of a general direction.

(2.) Learned counsel for the petitioner contends that the Commissioner/Addl. Commissioner has no authority either under the U.P. Intermediate Education Act, 1921 or under the U.P. Basic Education Act, 1972, to assume such jurisdiction of issuing directions for criminal prosecution or for taking action of withdrawing the recognition which has to be done by the authorities under the Act or not otherwise.

(3.) I have heard learned counsel for the Basic Education Officer and learned standing counsel for the respondent Nos. 1 to 3 and 5. It is not necessary to issue any notice to the respondent No. 6 at this stage, who is described only as a complainant.