JYOTI PRAKASH SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the order 6-2-2003 passed by the learned single Judge in Writ Petition No. 529/2003, the appellant has filed this Letters Patent Appeal under Clause 10 of Letters Patent.

(2.) Facts shorn of details and necessary for disposal of this appeal are as follows. Appellant is Secretary of the Devi Rudhpriya Shiksha Prasar Samiti, Chhatarpur (hereinafter referred to as "Samiti"). The said samiti opened a school i.e. Adarsh Kanya Higher Secondary School, in the year 2001 with the permission of the District Education Officer, Chhatarpur. The appellant applied for recognition of this institution for high school and higher secondary school examination for the academic session 2003 but because of certain deficiencies such as want of departmental permission from the State Government for running 12th Class, lack of trained teachers, non-availability of play ground, proper infrastructure etc. and absence of concrete plan for the construction of the school building, the respondent No. 1 vide order dated 22-6-2002 (Annexure P-3) declined to accord the recognition to the Samiti.

(3.) It is put forth by the appellant that after receiving the said communication dated 22-6-2002 the Samiti removed all the short commings and applied afresh for grant of recognition to the respondent No. 2 along with necessary forms and also sent the admission list of students. In the said school 36 students in 10th Class and 37 students in 12th Class obtained admission and all of them attended school as regular students. Despite the fact that all necessary requirements were fulfilled, the respondents did not accord recognition as prayed and at the last moment declared the students of the school as special private candidates, which adversely affected their career and caused irreparable loss to them. The examination centre was fixed at a distance of 100 Kms. and the students were required to deposit extra fees.