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Prior recognition of courses a must: HC

IN A significant verdict, Justice Devi Prasad Singh of the High Court here has ruled that educational institutions have no right to admit students without prior recognition of the courses by the competent authority. No such students shall be entitled to appear in the examination, he added.
None | By HT Legal Correspondent, Lucknow
PUBLISHED ON JUL 28, 2006 01:19 AM IST

High School, Inter exams

IN A significant verdict, Justice Devi Prasad Singh of the High Court here has ruled that educational institutions have no right to admit students without prior recognition of the courses by the competent authority. No such students shall be entitled to appear in the examination, he added.

Justice Singh passed the above order while disposing of twin writ petitions filed by two intermediate colleges of Rae Bareli and Gonda respectively.

The writ petitions put forth two common questions. First, whether an institution or college (high school and intermediate) has the power to admit students for various courses or subjects without prior recognition of the competent authority and secondly, in case admissions have been done, whether such students can be permitted to appear in the exam.

The court said, likewise the DIOS had no right or authority to permit any institution to run classes in anticipation of the recognition. And if they did so it shall amount to misconduct. Such institutions shall also run the risk of being derecognised for violating the above directives, the court added.

Similarly, the State Government also had no power or authority to pass any order permitting the students to appear at the examination if they were admitted in the respective course without prior recognition. Such orders shall amount to nullity, the Court said.

Taking serious note of the fact that admissions were being done in violation of the rules and regulations, the bench directed the state government to issue circulars within two months keeping in view the above directives to prevent the abuse of the process of law by the principals/institutions as well as the DIOS or other authorities.A copy of the above judgment has been sent to the secretary, Education, for compliance and file the compliance report in court by October 11 next. The matter shall come up before the court for consideration of the compliance report on October 12 next.

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