UMESH SHARMA Vs. H.P.S.E.B.

JUDGEMENT

(1.) Allowed and disposed of. CWP No. 3931/19 & CMP No. 14110/19. Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General appears and accepts service of notice on behalf of the respondents.

(2.) In this writ petition, a direction has been sought to be issued to the respondent-Board to allow the Whether the reporters of Local Papers may be allowed to see the judgment? Yes. petitioner to pursue/appear in 10+2 examination, after registration of his candidature.

(3.) As a matter of fact, the points in issue raised in this writ petition are squarely covered by the judgment of this Court in CWP No. 849 of 2019 titled Priyanka Devi and State of H.P and others dated 10.09.2019 and in many other similar matters. The "Gramin Mukt Vidhyalayi Shiksha Sansthan" was given recognition vide Notification dated 01.12.2017 (Annexure P-4) by the respondent-Board for the purpose of acquiring Senior Secondary (+2) qualification subject to the condition that the candidate must have passed matriculation qualification with English, Maths and Hindi subjects, whereas, +2 class with English as a compulsory subject with four other subjects. The Notification has been published in the gazette also, as is apparent from Annexure P-2. The petitioner has qualified 10th as a qualification from the Sansthan vide certificate (Annexure P-1). He has applied for admission in 10+2 from respondent-Board, however, the admission has been denied on the pretext that the the matter is sub judice in the Hon'ble High Court as the recognition of the Sansthan is no more in existence. Respondent-Board vide Notification dated 11.02.2019 (Annexure P-5) has withdrawn the recognition granted in favour of the Sansthan, however, retrospectively or prospectively, nothing can be made out from Annexure P-5. On the other hand, the petitioner has passed 10 th examination from Sansthan during the period when the recognition granted vide notification Annexure P-4 was in operation. While deciding Priyanka Devi's case, we have observed as follows:-