KALPNA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS writ application has been filed for quashing order dated 21st November, 1990 passed by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, respondent no. 4 contained in Annexure 5 and that dated 26.4.1991 issued by respondent no. 4 contained in Annexure 5A whereby admission of the petitioners in Women 's Primary Teachers Training College, Dighi, within the district of Vaishali has been cancelled. The short facts are that all the three writ petitioners had appeared in the year 1987 in Prathma Examination of Hindi Sahitya Sammelan, Allahabad, but due to no fault of the petitioners, their results could not be published in that year but the same was published in the year 1988. The State Government had taken a decision to recognise Prathma Certificate given by Hindi Sahitya Sammelan Allahabad certificate equivalent to matriculation upto 31st December, 1987. After passing Prathma examination from the aforesaid institution the writ petitioners were admitted in the aforesaid college at Dighi. Thereafter the respondent no.4 has cancelled their admission on the sole ground that these petitioners passed the Prathma examination from the aforesaid institution after 31st December, 1987, which necessitated filing of the present writ application. At the time of admission as the examination was going to be held by order dated 6.8.1992, it was directed that the petitioners shall be allowed to appear in the examination but publication of result was stayed.

(3.) ACCORDINGLY , the writ application is allowed, orders contained in Annexures 5 and 5A are hereby quashed and it is directed that Prathma certificate granted to the writ petitioners by Hindi Sahitya Sammelan, Allahabad, shall be treated to be equivalent to matriculation and they shall be treated to have been rightly admitted in the college in question. As the petitioners ' admission was valid, the authorities are directed to publish their results for appearing in the examination in which they have appeared, pursuant to the aforesaid interim order passed by this Court dated 6.8.1992 -