PRAKASHAN BHAWAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioners seek to challenge the Government Order dated 14-1-1998 (Annexure 1 to the writ petition) sent to the Director of Education and Chairman of the Board of High School and Intermediate Education, U.P. Allahabad (hereinafter referred to as the Board).

(2.) Sri Dinesh Dwivedi has submitted that by the impugned order the course of studies prescribed in the High School Classes have been completely changed, which power could only be exercised by the Board under Section 7(1) of the U.P. High School and Intermediate Education Act 1921 (hereinafter referred to as the Act) for by making regulations under Section 15(2)(d) thereof and therefore, the same is illegal. We are unable to accept the submission made. A perusal of the impugned order would show that the Principal Secretary of U.P. Government has written a letter on 14-1-1998 to the Chairman of the Board, which office is ex officio held by Director of Education, intimating him that in accordance with National Education Policy a decision has been taken to simplify the High School examination by reducing the number of Papers and by introducing six subjects uniformally. Towards the end of the letter a request is made that necessary proposal for making amendment in the rules and regulations be forwarded to the Government within fifteen days. The last part of the letter makes it clear that the Government has not changed or altered the course of instructions but has asked the Board to suggest the amendment which will have to be incorporated. Section 9(1) of the Act reads as follows:

(3.) We are also of the view that the present writ petition is premature. As mentioned above the Government has merely asked the Board to send proposal for making appropriate amendment in the rules and regulations so that the course of studies for High School classes in the State of U.P. may be brought in line with National Education Policy. The amendments in the rules and regulations have not yet been made and the course of studies has not been changed so far. Till that is done, the petitioners can have no cause of action to file the writ petition.