INTERMEDIATE COLLEGE SHRI DAU SARAI DAUD DHANAUTI MATHURA Vs. BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION U P ALLAHABAD

JUDGEMENT

(1.) S. Harkauli, J. By order dated 8-12-1981, two weeks time was granted to the learned Standing Counsel to file counter- affidavit. Similarly by order dated 24-2-1982 and 13-5-1982 again time was granted and subsequent thereto in 1984 time was granted to the Standing Counsel to file counter-affidavit. This writ petition remained pending for the past more than 18 years but respondents have not cared to file any counter- affidavit. The dispute in this writ petition relates to grant of recog nition to the petitioners College by the Respondent Nos. 1 and 2 for holding clas ses in various subjects in the Art side for the Intermediate Examination. From the record it appears that recognition was granted and withdrawn and again granted and again withdrawn. None of the orders gives any reason for granting and withdrawing recognition again and again. In absence of the reasons in the orders and also in absence of the counter-affidavit, it is not possible for this Court to find out what has weighed respondents for passing the impugned order.

(2.) THE impugned order withdrawing refusing to grant recognition passed by the Additional Secretary is quashed. THE writ petition is allowed. THE Respondent No. 2 i. e. Secretary of the Board is directed to conduct enquiry into this matter and pass fresh reasoned order either granting or refusing to grant recognition to the col lege. THE order will be passed by the Respondent No. 2 within three months from the date a certified copy of this order is produced by the petitioner before the Respondent No. 2. Before taking the decision, the Respondent No. 2 will con sider in detail the representation made by the petitioners in this regard. Petition allowed. .