Madhya Pradesh High Court
Sidha Shri Sitaram Baba Shiksha Avam ... vs The State Of Madhya Pradesh Thr on 24 July, 2017
1
WP.3510/2017
Sidha Shri Sitaram Baba Shiksha Avam Samaj Kalyan Samiti
Vs.
State of MP & Ors.
24.07.2017
Shri Abhishek Parasar, learned counsel for the
petitioner.
Shri N.S. Kirar, learned Panel Lawyer for the
respondents/State.
Shri Arvind Dudawat, learned counsel for the respondent-Board.
Petitioner has filed this petition challenging the order dated 27/05/2017 passed by Collector, Morena whereby recognition of the petitioner's institute has been terminated with immediate effect i.e. with effect from the passing of the order dated 27/05/2017. Petitioner submits that this case is similar to what was decided in WP No.3946/2017 vide order dated 03/07/2017.
Learned counsel for the respondent-Board Shri Dudawat submits that notification issued by the State Government on 31/03/2017 in Rule 1 (4) provides that issue relating to recognition upto educational session 2016-17 shall be dealt with in accordance with the rules and regulation which was prevailing at the relevant point of time and therefore, he submits that the action of the Collector is justified as it deals with the issues originating for the academic session 2016-17 inasmuch as show cause notice Annexure P-8 was issued on 24/03/2017.
It is evident from the impugned show cause notice Annexure P-8, that after pointing out certain anomalies in the ratio of students in class 9th, 10th, 11th and 12th, petitioner was asked to show cause that why recognition of the institute be not terminated in the terms of the 2 WP.3510/2017 provision contained in Section 27 of Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1965.
Thus, it is apparent that termination of recognition is prospective and not retrospective for the session 2016-17 which would have even otherwise come to an end on 31/03/2017. Impugned order has been passed on 27/05/2017, therefore, in the opinion of this Court, this case is to be governed by the new rules and regulations which have been notified on 31/03/2017 and therefore, the ratio of the order dated 03/07/2017 will apply mutatis mutandis.
Accordingly, this petition is disposed of in the following terms:
"It is apparent from the rules dated 31.03.2017 known as Madhya Pradesh Madhyamik Avam Uchchatar Madhyamik Shala Manyata Niyam, 2017 in which it is categorically mentioned that Divisional Joint Director will be entitled to decide the issue of recognition of school therefore, Collector Morena, acted in excess of its authority on the basis of superseded notification dated 11.02.2015. Thus, the impugned order passed by the Collector is set aside, however, liberty is reserved in favour of the Divisional Joint Director to get the inquiry carried out afresh and after extending opportunity of hearing, pass an appropriate order within 30 days from the date of receipt of certified copy of the order passed today".
With the aforesaid direction, this writ petition is disposed.
(Vivek Agarwal) Judge Astha