MEHRISHI DAYANAND HIGH SCHOOL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition filed under Articles 226/227 of the Constitution, the prayer of petitioner-School is that a direction be issued to respondents 1 to 4 to grant permanent recognition to it for the 9th and 10th classes and further a direction to respondent No. 5 to permit the students of petitioner- School of 9th and 10th classes to appear in the examination, to be conducted for the academic session 1993-94.

(2.) At the out set of hearing of the case, it has been brought to the notice of this Court that sub Divisional Education Officer, respondent No. 2 vide its communication dated 29.1.1993 (Annexure P-2) had recommended to respondent No. 3 for permanent recognition of the school upto High Standard. Again, respondent No. 3 vide its letter dated 12.5.1993 (Annexure P-3) addressed to respondent No. 4 had referred the case for further proceedings after removing all the objections raised by the Inspection Committee. The Director Secondary Education Haryana, Chandigarh vide its letter dated 18.5.1993 (Annexure P-4) had granted temporary recognition to the petitioner School. The petitioner School had requested the Joint Director, Secondary Education Haryana vide its letter dated 26.7.1993 (Annexure P-5) that the School be granted permanent recognition as the school fulfilled all the requisite conditions for recognition. Despite that, recognition has not been granted.

(3.) The respondents in the written statement have high-lighted that the School is having a strength of 120 students only and is Moused in a residential building. It is having no play ground and trained teachers, thus, cannot be called a High School. The petitioner-School had filed replication to the written statement controverting the respondents' stand highlighting that the school has got play ground and there is no rule and regulation which bars the school from running/functioning in a residential building. The respondents had also filed reply to the replication highlighting the short-comings of the school. It has also been highlighted that provisional recognition for four times is granted to a school to prepare itself for permanent recognition, the caase is examined thread-bare and all the short-comings are got completed before granting permanent recognition. It has also been stated that the respondent-Board cannot permit the students to take examinations as no recognition has been granted to the school for the year 1993-94.