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2018 Supreme(All) 2067

ALLAHABAD HIGH COURT
BEFORE : YASHWANT VARMA, J.
RAJEEV KUMAR AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 16075, 25712, 15745, 17044, 17201, 17206, 17232, 17269, 17289, 17439, 17694, 17716, 17866, 18133, 18143, 18286, 18509, 18575, 18691, 18707, 18858, 19030, 20795, 20799, 20825, 20833, 24827, 25728 and 25729 of 2018, decided on 17th December, 2018)

Advocates:
Counsel :
Ashish Jaiswal, Pramod Kumar Yadav, Vijay Gautam, Pranjal Shukla, Purushottam Mani Tripathi, Anil Kumar Singh, Suresh Bahadur, Ram Anuj Prajapati, Sanjay Srivastava, Lokesh Kumar Mishra, Vinod Kumar Mishra, Uday Shankar Tiwari, Dinesh Rai, Dashrath Prasad, Ramesh Singh Kushwaha, Devesh Mishra, Anil Kumar Yadav, Santosh Kumar Tiwari, Shyam Sundar Sharma, Pranjal Shukla for the Petitioners; C.S.C. for the Respondents.

Headnote:Certificate – Validity – Class 10 and 12 passed certificate awarded by Board of Secondary Education Madhya Bharat Gwalior and Board of Higher Secondary Education Delhi – Validity – Gwalior and Delhi Board not a body bestowed with authority and power to conduct examinations and award certificates by law – Mere entry of equivalence cannot clothe Delhi or Gwalior Boards with authority to confer certificates – Hence certificate awarded by Board of Secondary Education Madhya Bharat Gwalior and Board of Higher Secondary Education Delhi invalid. [Para 22]

       Result; Petitions Dismissed.

JUDGMENT

Hon’ble Yashwant Varma, J.—Heard learned counsel for the petitioners and Sri Piyush Shukla learned Standing Counsel for the State respondents.

2. This batch of writ petitions have, with the consent of parties, been taken up for final disposal together.

3. The issue raised essentially turns upon the validity of the Class-X and XII qualifications held by the petitioners herein and awarded by the Board of Secondary Education Madhya Bharat Gwalior (hereinafter referred to as ‘’the Gwalior Board’)and the Board of Higher Secondary Education Delhi (hereinafter referred to as ‘the Delhi Board’). The dispute arose upon the petitioners participating in a recruitment exercise initiated by the respondents for selection of Police Constables in the year 2015. All the petitioners have been non-suited on the ground that the certificates held by them and issued by the Gwalior Board and the Delhi Board are not recognised. Insofar as the Gwalior Board is concerned, the Court notes that the petitioners in the leading writ petition being Writ-A No. 16075 of 2018 passed the High School Examination from the G.C.S. Higher Secondary School Dayampur Meerut which is stated to be affiliated to the said Board. The petitioners in Writ-A No. 25712 of 2018 passed the High School examination from the Shiv Prem Senior Secondary School Pratapgarh which is stated to be affiliated to the Delhi Board.

4. The principal submission of the petitioners was that both the Delhi as well as the Gwalior Boards were duly recognised by the State Of U.P. According to them the High School and Intermediate examinations conducted by these two Boards were recognised as equivalent to the High School and Intermediate examinations conducted by the Board of High School and Intermediate Education U.P. The petitioners contend that the examinations conducted by the Delhi Board and the Gwalior Boards were recognised as equivalent under Chapter-XIV of the Regulations framed under the Intermediate Education Act, 1921 (1921 Act). It is further submitted that the entries of equivalence in respect of these two Boards were admittedly deleted by a notification dated 5 March 2014. It is in the above backdrop that the petitioners contend that the certificates issued in their favour by the Boards in question prior to 05 March 2014 must be recognised and held to be valid qualifications. The submission noted above principally rests on the decision of the Full Bench of this Court in Dhanpal and others v. State of U.P., 2013(8) ADJ 723. Placing reliance upon a supplementary-affidavit filed in these proceedings, reliance is also sought to be placed on various communications issued by different educational institutions of the country to contend that both these Boards have been recognised as being equivalent to the High School and Intermediate certificates issued by various educational boards throughout the country.

5. On 2 August 2018 a learned Judge of the Court passed the following detailed order in Writ A No. 16075 of 2018 :

“Petitioners are permitted to implead Board of Secondary Education, U.P., Allahabad, through its Secretary as respondent No. 4 in the writ petition. Learned standing counsel accepts notice on behalf of the newly impleaded respondent.

One of the questions, that incidentally falls for consideration in this petition, is as to whether Board of Secondary Education, Madhya Bharat, Gwalior (M.P.) was ever granted recognition/equivalence by the U.P. Intermediate Education Board, Allahabad.

Learned counsel for the petitioners places reliance upon the provisions contained under Chapter - XIV, Regulation 2, as per which equivalence had been granted to various Boards, which includes, at serial No. 40, Board of Secondary Education, Madhya Bharat, Gwalior (M.P.). Reliance is placed upon page No. 477 of U.P. Education Manual, 5th Edition, published by Alia Law Agency with Shri H.S. Nigam as its author. It is contended that only on 5.3.2014, such equivalence/recognition has been withdrawn























































































































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