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2003 Supreme(All) 122

IN THE HIGH COURT OF ALLAHABAD
Anjani Kumar, J.
SAROJANI PANDEY - Appellant
Versus
STATE OF U. P. - Respondents
Civil Misc. Writ Petition 45783 Of 2002
Decided On : 01/22/2003

Advocates Appeared:
ANURAG PATHAK

The latest government order recognizing the equivalence of examinations prevailed over previous orders.

Headnote:

Counter-affidavit - Equivalence of Examinations - The court dismissed the writ petition challenging the equivalence of examinations conducted by different bodies, ruling that the latest government order recognizing the examinations prevailed over previous orders.

Fact of the Case:

The petitioner challenged the equivalence of examinations conducted by the Hindi Sahitya Sammelan, Prayag, Allahabad with the High School and Intermediate Examination conducted by the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad.

Finding of the Court:

The court found that the impugned order relied on a government order dated 28th October, 1998, which stated that the examinations of prathama and Madhyama conducted by the Hindi Sahitya Sammelan were not equivalent to the High School and Intermediate Examination conducted by the Board of High School and Intermediate Education. The petitioner argued that the authorities did not consider the latest government order recognizing the examinations as equivalent.

Issues: The main issue was the equivalence of examinations conducted by different bodies and the relevance of the latest government order in determining the equivalence.

Ratio Decidendi: The court held that the latest government order recognizing the examinations prevailed over previous orders, and as such, there was no infirmity in the impugned order. The writ petition was dismissed for lacking merit.

Final Decision: The writ petition was dismissed, and no costs were awarded.

ANJANI KUMAR, J.

( 1 ) HEARD learned Counsel for the petitioner and the learned Standing Counsel for the respondents.

( 2 ) THIS Court by the order dated 7th December, 2002 granted one months and no more further time to the learned Standing Counsel to file counter-affidavit but no counter-affidavit has been filed till date.

( 3 ) LEARNED Standing Counsel firstly prayed for further time to file counter-affidavit but in view of the aforesaid, the same cannot be granted.

( 4 ) LEARNED Counsel for the petitioner has argued that the impugned order relies upon the government Order dated 28th October, 1998, whereby it has been ruled that the examinations of prathama and Madhyama conducted by the Hindi Sahitya Sammelan, Prayag, Allahabad are not equivalent to High School and Intermediate Examination conducted by the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad. Learned Counsel has further submitted that the authorities have not taken into consideration the documents Annexures 4 and 4-A to the writ petition.

( 5 ) ANNEXURE 4 is a Government Order dated August 22, 1998 issued by the Joint Secretary, uttar Pradesh Government, addressed to the Director of Education, Allahabad wherein it has been stated that the examination conducted by the Hindi Sahitya Sammelan, Allahabad for prathama and Madhyama are being recognised as equivalent to High School and Intermediate examination and the Order relied upon by the respondents in the impugned order is dated 28th october, 1998. In view of the fact that the latest order will prevail, the Government Order dated august 22, 1998 issued by the Joint Secretary, Uttar Pradesh Government, addressed to the director of Education, Allahabad Annexure 4 to the writ petition, does not help the petitioner. So far as Annexure 4-A to the writ petition, which is an order dated 26th July, 2001 of the government of India, is concerned that is not binding on the State Government.

( 6 ) IN view of what has been stated above, I do not find any infirmity in the impugned order. The writ petition is devoid of merits and deserves to be dismissed. It is accordingly dismissed. There is no order as to costs.


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