IQBAL HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) The genesis of the controversy involved in the instant petition was the de-recognition order passed by the Secretary, Madhyamik Shiksha Parishad by which it was intimated to the Institution by referring to the letter of Regional Secretary, Madhyamik Shiksha Parishad U.P. Regional Office Bareilly dated 14.6.2006 that the Institution has been stripped of recognition of the history as a subject and therefore, it was advised that the students having history as a subject may seek admission elsewhere.

(2.) The present petition has been instituted by one Iqbal Hussain as President of Parent-Teachers Association Shan Inter College Moradabad for the relief of a writ of mandamus directing the respondents 1 and 2 to allow 52 students studying in standard XII having history as one of the subjects in the Institution to appear in Intermediate examination 2006 as regular students.

(3.) From a perusal of the record it would transpire that recognition to the Institution in six subjects including history as one of the subjects had been accorded to the Institution in the year 2000 as an unaided Institution vide letter dated 19.7.2000. It would further appear that the ground for derecognition of history as one the subjects was cited to be that for two consecutive years, requisite numbers of students with history as one of the subjects were not available and this, according to the calendar of the Board, furnished foundation automatically, for derecognition of history as one of the subjects.