AMARNATH DWIVEDI Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioners in this batch of writ petitions have prayed for issue of a writ of mandamus to the Secretary, Board of Secondary Education to enforce the order dated 15-12-2000, issued by the State Government and further to command the said respondent to issue examination forms to the students to enable them to undertake the examination to be held in the mid of March, 2001. For the sake of clarity and convenience the facts of W. P. No. 851/2001 are adumbrated herein.

(2.) THE petitioner No. 1 is the President of Nisant Higher Secondary School and petitioner No. 2 is the working President of Gyanganga Teerath Prasad Tiwari High School. Both the schools are situate in the District of Rewa. It is averred in the writ petition that both the schools are run by two different societies. The petitioner No. 1 started the school on 1-7-99 and submitted the recognition fee to the Board of Secondary Education (hereafter referred to as 'the Board' ). The competent authority of the Board inspected the school and submitted a report. The inspection report has been brought on record as Annexure P. 4. As the Board did not confer recognition the petitioner No. 1 submitted a representation to the State Government which in exercise of power conferred on under Section 9 (4) of the Madhyamik Shiksha Adhiniyam, 1965 (hereinafter referred to as 'the Act') granted recognition to the said school. It is pleaded that the petitioner No. 2 had established the school in the year 1999 and requested the Board for grant of recognition. As the same was not done he also submitted a representation to the State Government and similar order was passed. It is worth noting here that petitioner No. 2 has deposited the inspection fee was well as the recognition fee with the Board and the Board has inspected the school in question. It has been set forth that number of students have already taken admission and they are prosecuting their studies in the school, but as recognition has not been conferred by the Board there is likelihood of closure of the school. It has been set forth that when the State Government has granted recognition in exercise of powers vested in it by the statute it was incumbent on the part of the Board to accept the same and act accordingly. It has been set forth that in spite of the command given by the State Government the Board has maintained a sphinx like silence and has not carried out the mandate of the State Government which has not only affected the management of the school but the future careers of number of students. With these averments the prayer as has been indicated above has been made in the writ petition.

(3.) A preliminary objection has been filed by the respondent Board contending, inter alia, that the State Government had granted recognition on certain conditions to 38 schools. While extending the benefit of conditional recognition the State Government has also fixed the outer limit of filling up the forms by extending the date to 20-12-2000. It has also been pleaded that the Board has ample reasons to doubt the genuineness of the students who have been admitted in the aforesaid schools. It has also been set forth that the students have been admitted in clear violation of Regulation 14 (19) of the Recognition Regulation. It has been asserted that the Board has made all arrangements of conducting the examination which is going to commence from 15-3-2001 and at this juncture it is well nigh impossible to scrutinise the forms, to do the data processing, delivery of admission cards, sitting arrangements, fixation of centre, printing of question papers and supply of blank papers as the same have already been completed. It has also been asseverated that the practical examination for 10th and 12th classes have already been conducted.