Meera Devi vs State Of H.P. And Others on 6 July, 2023

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Himachal Pradesh High Court

Meera Devi vs State Of H.P. And Others on 6 July, 2023

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7243 of 2021 Decided on: 6th July, 2023

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    Meera Devi                                                        .....Petitioner




                                                                                   .
                                               Versus





    State of H.P. and others                                      .....Respondents

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Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting? 1 For the Petitioner: Mr. Manish Thakur, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional rAdvocate General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 to 3 and 5.

Ms. Srishti Chauhan, Advocate, for respondent No.4.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge The grievance of the petitioner is that her 10+2 certificate is not being treated as a valid certificate by the respondents and on that count, she is not being considered for promotion to the post of Senior Assistant.

2. The petitioner was initially appointed as Clerk with the respondents on 12.11.2007. She was promoted as Junior Assistant on 12.11.2012. At that time, petitioner's qualification was Matric. Further promotion from the post 1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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of Junior Assistant is to the post of Senior Assistant.

Essential educational qualification for promotion to the post of Senior Assistant is 10+2 from a recognized institution duly affiliated with a recognized Board. The petitioner had .

passed her 10+2 examination from Grameen Mukt Vidhyalayi Shiksha Sansthan, New Delhi. Certificate in this regard issued to the petitioner on 15.06.2019 has been placed on record as Annexure P-1. According to the respondents, affiliation of Grameen Mukt Vidhyalayi Shiksha Sansthan, New Delhi with H.P. Board of School Education was valid only upto February, 2019. The petitioner completed her 10+2 after the cancellation of affiliation. It is for this reason, she could not be considered for promotion to the post of Senior Assistant.

3. Heard learned counsel on both sides.

4. The question of validity of educational certificates issued by respondent No.4-Grameen Mukt Vidhyalayi Shiksha Sansthan came up for consideration before the Division Bench of this Court in CWP No.849 of 2019 (Priyanka Devi Versus State of Himachal Pradesh & others). During hearing of the said case, the respondents produced written instructions to the effect that during the period from 01.12.2017 to 05.02.2019, Grameen Mukt Vidhyalayi Shiksha Sansthan was recognized with the H.P. ::: Downloaded on - 06/07/2023 20:37:55 :::CIS 3 Board of School Education. On that basis, the said writ petition was allowed. Paras 2 and 3 of the judgment dated 10.09.2019 read as under:-

"2. Mr. Vir Bahadur Verma, learned counsel, in terms of .

order passed on 03.09.2019 has placed on record the written instructions which reveal that during the period from 01.12.2017 to 05.02.2019 "Gramin Mukt Vidhyalayi Shikshan Sansthan", the respondent No.5 was duly recognized with Himachal Pradesh Board of School Education. Since the petitioner has already qualified the 10+2 examination from the school during this period, therefore, the qualification so acquired by her is equivalent to 10+2 qualification acquired by a student from the Senior Secondary Schools situated in the State of Himachal Pradesh.

3. Therefore, in view of the written instructions so placed on record, the writ petition is disposed of with a direction to the respondents to allow the petitioner to pursue her course in Nursing from Swakar College of Nursing-respondent No.4. Pending application(s), if any, also stand(s), disposed of."

5. In the instant case, it is an admitted position that the petitioner took admission in Grameen Mukt Vidhyalayi Shiksha Sansthan between 01.12.2017 to 05.02.2019. She appeared in her 10+2 examination between 17.11.2018 to 30.11.2018. Her result was declared on 15.06.2019. It is, thus, apparent that the petitioner had taken admission in Grameen Mukt Vidhyalayi Shiksha Sansthan when the institute was duly affiliated and recognized by the H.P. Board of School Education. It was only her result that was declared on 15.06.2019, i.e. after cancellation of the affiliation.

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In the above factual situation of the case, 10+2 certificate issued to the petitioner is to be treated as a valid certificate for all intents and purposes. The writ petition is accordingly allowed and stands disposed of. All .

consequences shall follow. Pending miscellaneous application(s), if any, also stand disposed of.






                                                  Jyotsna Rewal Dua
    July 06, 2023                                       Judge





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