C/M Pawanagar Mahavir Sanskrit Uchchatar Madhyamik Vidyalaya and Another v. State of U.P. and 5 Others

Court No. - 10 Case :- WRIT - C No. - 24978 of 2023 Petitioner :- C/M Pawanagar Mahavir Sanskrit Uchchatar Madhyamik Vidyalaya And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sankalp Narain,Hritudhwaj Pratap Sahi,Samarath Singh Counsel for Respondent :- C.S.C.,Shesh Kumar Srivastava Hon'ble Kshitij Shailendra,J.

¶1Heard Shri V.K. Singh, learned Senior Counsel assisted by Shri H.P. Sahi, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1, 2, 3, 4 and 6 and Shri Dev Kaushik, learned counsel holding brief of Shri Shesh Kumar Srivastava, learned counsel for respondent no.5 and perused the record.

¶2The case of the petitioner is that the petitioners-Institution was granted permanent recognition upto Uttar Madhyama i.e. Intermediate by Sampurnanand Sanskrit University, Varanasi. The Institution was thereafter taken on the grant-in-aid list of the State Government only upto Purva Madhyama i.e. High School in 2016. Thereafter, the petitioners-Institution represented before the Authorities stating that in view of permanent recognition upto Purva Madhyama, the Institution be also taken on grant-in-aid list for Uttar Madhyama.

¶3The matter proceeded at the level of the Authorities and ultimately, the University issued a letter dated 03.02.2016 stating that in the meeting dated 10.03.1991, held by the Executive Council of the University, erroneously, in place of "Uttar Madhyama", the words "Purva Madhyama" have been incorporated and, therefore, the error be rectified.

¶4Some dispute arose with regard to the genuineness of the letter dated 03.02.2016, however, ultimately, the Joint Director of Education, by a detailed letter dated 22.12.2016, informed the State Government that after verification, issuance of letter dated

03.02.2016 was found to be established and, accordingly, necessary proceedings be held in the matter.

¶5The contention of learned Senior Counsel is that in furtherance of the aforesaid, the State Government sent a letter dated 04.01.2017 to the Director of Education (Madhyamik), U.P., Lucknow directing him that since recognition to the petitioners-Institution stood substantiated upto Uttar Madhyama, treating the recognition upto Uttar Madhyama, permission to pay salary to the teachers be issued. It is contended that the letter dated 04.01.2017 was complied with and the teachers started receiving salary from the State Exchequer.

¶6The submission is that since despite the aforesaid, no formal letter of recognition was being issued by the University, the petitioners filed Writ A No.12381 of 2021 (C/M Pawanagar Mahavir Sanskrit Uchchatar Madhyamik Vidyalaya and Another v. State of U.P. and 4 Others) praying Writ of Mandamus to the Competent Authority to pass appropriate orders for bringing the Uttar Madhyama (Intermediate section) of the institution in question under grant-in-aid and pay salary to the teachers of Uttar Madhyama (Intermediate Section) from the State Exchequer.

¶7The said writ petition was disposed off by order dated

21.09.2021 permitting the petitioners to file representation before the State Government and the Government was directed to take a decision in the matter.

¶8Since the order was not complied with, a Contempt Application (Civil) No.3321 of 2022 (C/M Pawanagar Mahavir Sanskrit Uchchatar Madhyamik Vidyalaya And Another v. Smt. Aradhana Shukla Secretary Secondary Education, Govt. of U.P. and Another) was filed whereafter the order impugned dated 21.03.2023 has been issued by the State Government rejecting the petitioners' representation.

¶9The only ground for rejecting representation in the order impugned is that since the University has not issued a formal administrative order in favour of the petitioners regarding recognition to Uttar Madhyama Section, the representation is liable to be rejected.

¶10The submission of learned Senior Counsel is that once all the proceedings were already held in favour of the petitioners and the only issue was with regard to issuance of formal recognition letter and even in absence of the same, grant-in-aid should not and could not have been refused, the reasoning assigned in the order impugned is quite surprising and it appears that the State Government has simply relied upon inaction on the part of the University to issue a formal recognition and has not gone into the merits of the claim.

¶11Shri Dev Kaushik, learned counsel appearing for the University has placed before this Court instructions dated

01.10.2023 furnished by the University, which are taken on record. The stand taken in the Instructions is as follows:- "माननीय उ्ሴ न्यायालय इलाहाबाद में योजित याचिका सं० 24978/2023 पावानगर महावीर संस्कृत उ्ሴतर माध्यमिमक मिव्ቕालय, फाजिलनगर, कुशीनगर बनाम स्टेट आफ यू० पी० व अन्य के सम्बन्ध में अवगत कराना है मिक पावानगर महावीर संस्कृत उ्ሴतर माध्यमिमक मिव्ቕालय, फाजिलनगर, कुशीनगर को व्ቧ/ 1971 से पूव/मध्यमा की स्थायी मान्यता ्ቚ ा्቎ थी। मान्यता उ्ሴीकरण के आवेदन पर काय/परिर्ቧद की बैठक मिदनांक

10.03.1991 ्ቛारा पुनः पूव/मध्यमा स्तर की मान्यता स्वीकृत की गयी थी। पुनः पूव/मध्यमा स्तर की मान्यता स्वीकृत मिकया ाना ्ቔुमिटवश हुआ था। इसके संशोधनाथ/ मान्यता समिमचित की बैठक मिदनांक 10.04.2015 ्ቛारा संशोधनाथ/ यह संस्तुचित की गयी मिक मिदनांक10.03.1991 से पावानगर महावीर संस्कृत उ्ሴतर माध्यमिमक मिव्ቕालय, फाजिलनगर, कुशीनगर को उ्ቈरमध्यमा पय/न्त मान्यता मिदया ाय एवं इससे काय/परिर्ቧद को अवगत कराया ाय। उ्ሹ परिर्ቚेቌኚय में मिनग/त मिव्ቫमिव्ቕालयीय प्ቔांक-ी० 5792/2860/71/-16 मिदनांक

03.02.2016 ्ቛारा महामिव्ቕालय को मिदनांक 10.03.1991 से उ्ቈरमध्यमा पय/न्त स्थायी मान्यता मिदये ाने के तथ्य से अवगत कराया गया। अतएव मा० न्यायालय के सम्ቌ उ्ሹ याचिका की सुनवाई हेतु आवश्यक काय/वाही करने का क्ቖ करें।"

¶12A perusal of the aforesaid instructions and the stand of the University shows that, even as on today, the University realizes its mistake committed in the meeting of the Executive Council dated

10.03.1991 and agrees for according recognition to the petitioners-Institution upto Uttar Madhyama w.e.f. 10.03.1991.

¶13Learned Standing Counsel submits that the State Government has rightly rejected representation of the petitioners, inasmuch as, before the State Government, there was no formal recognition letter issued by the University.

¶14Having heard learned counsel for the parties, I find that once the mistake in the meeting of the Executive Council dated

10.03.1991 was noticed at the level of the University and also Director of Education and the State Government and pursuant to an order of the State Government dated 04.01.2017, the permission to pay salary to the teachers from State Exchequer was already issued, merely because a formal recognition order was not issued by the University, the same, by itself, could not justify rejecting the claim of the petitioners-Institution.

¶15The University also has come up with the stand that in place of "Purva Madhyama", recognition has to be granted in relation to "Uttar Madhyama".

¶16There being nothing on record or otherwise to demonstrate that apart from the aforesaid proceedings, some other material is there denying claim of the petitioners, the order impugned cannot sustain.

¶17The writ petition succeeds and is allowed.

¶18The order dated 21.03.2023 passed by the State Government is quashed.

¶19A Writ of Mandamus is issued to Sampurnanand Sanskrit University, Varanasi to issue a formal recognition letter regarding Uttar Madhyama on or before 15.12.2023.

¶20As soon as the said recognition letter/order is issued, the petitioners shall file the same before the State Government.

¶21The State Government will issue a fresh order regarding grant-in-aid within a period of one month from the date of receipt of representation of the petitioners alongwith a copy of the formal recognition letter. Order Date :- 18.10.2023 Jyotsana High Court of Judicature at Allahabad