Savodya Bal Shiksha Samiti vs Haryana School Education Board

T.H.B. Chalapathi, J.—This writ petition is filed to direct the respondent to grant a recognition to the petitioner''s school up to matric standard and allow the students of the school to appear in the matriculation examination commencing from 7th March, 1995.

The petitioner is a Society and it is running a high school under the name of Senior Central High School, D.C. Colony, Sirsa and applied to the authorities for recognition of the same. The building where the school is situated was inspected by the authorities and there were some objections which were answered by the petitioner. Thereafter, some students were given the roll numbers also. The authorities also asked the petitioner to deposit the recognition fee. Thereafter, the respondent vide letter Annexure ''P-11'' informed the respondent that the authorities granted recognition to the petitioner''s school up to 8th standard. The petitioner made representation for the grant of recognition up to matric standard. Vide order dated 24.2.1995 ''Annexure P.11''. The Secretary of Haryana School Education Board informed the Principal of the petitioner''s school that recognition was not granted for not fulfilling the conditions and the students of the school would be treated as private candidates. The petitioner, therefore, filed this writ petition seeking a direction to the respondent to recognise the school of the petitioner up to matric standard.

I have heard the learned counsel for the parties. Admittedly, there are Rules governing the recognition of the private school by the Haryana School Education Board. The petitioner has not filed a copy of the Rules. In the written statement, the respondent quoted condition No. 4 (vi) which is said to be a requirement or a pre-condition for granting recognition for the private schools. The same reads as follows:-

4(vi) a) That the institution has its own or rented suitable premises/building. If the building is rented or available free for use, this arrangement should at least be for a period of 5 years from the date of applying for affiliation.

b) That the building should provide the required number of class rooms, office rooms, laboratories, library, stores etc. and having covered area satisfying the following:-

250 Sq.m. of area + 1 Sq.m. for every student on the rolls for Middle School and 500 Sq.m. of area + 1 Sq.m. for every student on the rolls of a secondary school.

The learned counsel for the petitioner is very fair in admitting that the petitioner''s school did not fulfil the aforesaid condition. When the pre-condition for recognition has not been fulfilled there cannot be any recognition of the school.

But the learned counsel for the petitioner argued that there are several other schools which have been granted recognition in relaxation of condition No. 4 (vi) and, therefore, the petitioner''s school must also be granted the recognition if necessary by relaxing the Rules. The fact that some other schools have been granted relaxation contrary to conditions is not a ground to direct the respondent to grant recognition to the petitioner''s school. Further no provision is brought to my notice which empowers the authorities to relax the conditions. The primary duty of the authorities is to see the welfare of the students. If there is no sufficient accommodation, there cannot be any recognition of the school. Depending on the area and also basing on the inspection of the premises of the petitioner''s school, the authorities granted recognition up to 8th standard only. The learned counsel for the petitioner is not able to pursuade me to give a direction to the respondent to grant recognition up to matric standard. Such a relief if granted would be contrary to condition No. 4 (vi). I am, therefore, of the view that the authorities rightly granted the recognition upto 8th standard. I therefore do not find any merit in the writ petition.

The writ petition is, therefore, dismissed. There will be no order as to costs.