SMT. RAJESHWARI DEVI MAHADEV PRASAD UCHCHATAR MADHAYAMIK VIDYALAYA, SHRI RATNPUR, PAWAI, AZAMGARH Vs. BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION, U.P. ALLAHABAD AND OTHERS

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for a writ of mandamus, commanding the respondents to issue admit cards in favour of the students mentioned in Annexure No. 1 to the writ petition and permit them to appear in' the Board's Intermediate Examination, 1993 in the literary group. The petitioner has also sought for issuance of writ, order of direction as considered appropriate for granting further reliefs to the petitioner.

(2.) The case of the petitioner as set. out in the writ petition is to the effect that the petitioner received recognition for High School Classes in the year 1989-90. In the year 1991, the petitioner applied for recognition to start Intermediate Classes in literary group. According to the petitioner, the State Government had, vide order dated 3-12-1992, granted recognition to the petitioner for conducting Intermediate Examination of the Board for the year 1992-93 which was scheduled to commence from 11-3-1993. The examination forms for 62 students alongwith the requisite examination fees were submitted to the Board. However, the admit cards were not not issued by the Board for the 62 students who had submitted their forms for the Intermediate Examination hence the writ petition. On 10-3-1993, this Court granted three weeks' time to the Standing Counsel to file a counter-affidavit and also passed an interim order directing the respondents to issue admit cards to the students mentioned in Annexure No. 1 to the writ petition and to permit them to appear in the Intermediate Examination, 1993.

(3.) However, it was further ordered that the results will be subject to the decision of the writ petition counter-affidavit has been filed on behalf of the respondents in which it has been averred that the Committee had considered the representation of the petitioner seeking recognition for starting Intermediate Classes and vide the order dated 24-8-1992, the Committee did not grant approval. It was denied that the State Government granted recognition to the petitioner to start Intermediate Classes It was further stated that recognition was refused on account of certain shortcomings found in the institution. A rejoinder affidavit has been filed by the petitioner in which it has been reiterated that the recognition was granted by the State Government and it was denied that there were any shortcoming in the institution for which the recognition could be denied An application has been filed on behalf of the petitioner stating that in pursuance of the interim order dated 10-3-1993 passed by this Court, the students concerned had appeared for the Intermediate Examination for the year 1993 and their results may be declared. Another application has been filed for impleading the Committee of Management and its Manager as petitioner Nos. 3 and 4 respectively to this writ petition.