Gourav Rathore vs State Of H.P. & Others

Anoop Chitkara, J

The petitioner, who studied in the institution of third respondent and passed his matriculation, has come up before this Court on the ground that the

respondents are not considering his matric certificate as valid because the affiliation of the institute stood withdrawn by the second respondent at the

time when the petitioner had done his course and was waiting for final examination.

Learned counsel for the petitioner submits that during the period 1.12.2017 to 11.2.2019 Grameen Mukt Vidhyalayi Shiksha Sansthan was duly

recognized with the Himachal Pradesh Board of School Education, Dharamshala. Since the petitioner had taken admission in this institution within this

period, therefore, the fault lies with the respondent-Board for initially giving recognition whereas later realizing the mistake withdrew such recognition.

Bonafide students, who also paid tuition fee, cannot be made to suffer for the fault of the respondent-Board.

Mr. V.B. Verma, learned counsel representing the respondent-Board, submits that he has received instructions that the similarly placed persons

were permitted by this Court in CWP No.849 of 2019, titled Priyanka Devi versus State of H.P. & Others and other decision following this judgment,

and he has no objection in case the similar relief is given to the petitioner herein, on the ground of parity.

I have perused the judgment passed in Priyanka Devi’s case supra and find no reason to take a different view as taken by the Coordinate

Bench of this Court.

Given above the writ petition is disposed of with a direction to the respondents to consider the matriculation certificate of the petitioner, Annexure

P-2, issued by the third respondent, as valid only for the purpose to pursue his further studies based upon the said certificate. It is made clear that the

observations made are only with respect to seeking further higher studies and not for other purposes. Pending application(s), if any, are closed.