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HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, KUNAL RAVI SINGH, JJ.
State of U.P. through Secretary, Department of Basic Education, Government of U.P. Lucknow & others - Appellants
Versus
Sakshi & Others – Respondents
Special Appeal No. 191 of 2026 Along with SPLA-189 of 2026, SPLA-188 of 2026, SPLA- 186 of 2026, SPLA-970 of 2024, SPLA-190 of 2026, SPLA-184 of 2026, SPLA-187 of 2026, SPLA-185 of 2026
Decided On : 20-02-2026
| Table of Content |
|---|
| 1. hearing and appeals consolidation. (Para 1 , 2) |
| 2. students' entitlements and appeal rationale. (Para 4 , 5 , 6 , 8) |
| 3. appellants' arguments against single judge's ruling. (Para 9 , 10) |
| 4. legislative background and authority of ncte. (Para 11 , 12 , 21) |
| 5. article 14 protections and limitations. (Para 42 , 44) |
| 6. summary of judiciary's findings. (Para 48 , 49 , 50 , 51) |
| 7. final decision and orders concerning appeals. (Para 56) |
JUDGMENT :
[1] Heard Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Ratan Deep Mishra for the State-appellants and Sri Ravindra Singh and Sri Kauntey Singh, learned counsels for the respondents-petitioners.
[2] The present Special Appeal along with other connected appeals arise out of the same controversy and as the facts and controversy are the same, they are being decided by a common judgment. For the purpose of deciding these appeals, the facts of Special Appeal No.191 of 2026 (State of U.P. and 32 others Vs. Sakshi and 77 others) are being treated as the leading case.
[3] In all the connected Special Appeals the appellants have asked for the following reliefs:
| Sl. | Petition number & parties' name | Relief claimed |
|---|---|---|
| 1. | SPLA- 191 of 2026 State of U.P. & 32 Others vs. Sakshi & 77 Others | Set aside the Judgment and Order dated 06.07.2023 |
| 2. | SPLA-189 of 2026 State of U.P. & others vs. Seema Yadav and others | Set aside the Judgment and Order dated 23.08.2023 |
| 3. | SPLA-188 of 2026 State of Uttar Pradesh & Others vs. Shalini & Others | Set aside the Judgment and Order dated 07.07.2023 |
| 4. | SPLA- 186 of 2026 State of U.P. and 4 others vs. Ruvendra Kumar and 45 others | Set aside the Judgment and Order dated 07.07.2023 |
| 5. | SPLA-970 of 2024 State of UP & 4 others vs. Deepak Kumar and 29 others | Set aside the Judgment and Order dated 18.09.2023 |
| 6. | SPLA-190 of 2026 State of U.P. and 2 others vs. Mayank Yadav | Set aside the Judgment and Order dated 19.07.2023 |
| 7. | SPLA-184 of 2026 State of U.P. and 4 others vs. Satakshi Parasari and 45 others | Set aside the Judgment and Order dated 03.08.2023 |
| 8. | SPLA-187 of 2026 State of U.P. and 5 others vs. Km. Archana Shukla & 2 others | Set aside the Judgment and Order dated 06.09.2023 |
| 9. | SPLA-185 of 2026 State of U.P. and 3 others vs. Divya Dwivedi and others | Set aside the Judgment and Order dated 19.01.2024 |
FACTS:
[4] The respondents herein (petitioners in the writ petitions) are the students of Diploma in Elementary Education Course, [Diploma Course]of various batches across various Colleges offering the Diploma Course. The common feature with all the respondents herein is that all the respondents herein have failed in one subject three times, thereby cancelling their enrollment as students of the Diploma Course. Upon numerous representations being filed by such failed students before the Secretary, Examination Regulatory Authority, Prayagraj, [Secretary], the Secretary issued an order dated 11.09.2021 by means of which one additional chance was provided to students, who had failed in one subject of their first semester three times and who had represented to the Secretary for an additional chance to clear the course. The order gave one additional chance to students whose names figured in the list enclosed with the order dated 11.09.2021. Thereafter, another order dated 19.04.2022 was issued by the Secretary by which one additional chance was given to the students, who had failed in any subject three times in any of the semesters. The order was issued in respect of students, who had represented to the Secretary, and an additional chance was given to students whose names figured in the enclosed list. As the names of the respondents herein did not figure in the enclosed list of the two orders, the respondents herein preferred several writ petitions claiming that the actions of the State appellants in denying similar opportunity to the respondents were in violation of Article 14 of the Constitution of India. The respondents herein claimed to be similarly situated to the students, who were granted additio
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