Sandhya Tawadkar vs State of Chhattisgarh and Others

Satish K. Agnihotri, J.

(Writ Petition under Articles 226 of the Constitution of India)

Heard learned Counsel for the parties.

By this petition, the Petitioner seeks to challenge the legality and validity of the order dated 29-6-2011 (Annexure - P/1) and further seeks a direction to the Respondent No. 2 to allow the Petitioner to appear in 12th class examination scheduled to be started from 6-7-2011.

According to the Petitioner, after passing the class 10th examination from Maa Annadhary Higher Secondary School, Paharia, District Janjgir-Champa, duly affiliated with the Board of Higher Secondary Education, Delhi, the Petitioner made frantic efforts to take admission in further classes, but she was denied admission on the ground that her class 10th certificate is of Board of Higher Secondary Education, Delhi, whose recognition has been cancelled by the Respondent Board from 16-6-2009.

Being aggrieved by the said inaction on the part of the Respondent authorities, earlier the Petitioner preferred a petition before this Court being W.P. (C) No. 1499/2011, which was decided by order dated 9-5-2011 and directed the Respondent Chhattisgarh Board to permit the Petitioner for her admission to the course and participate in class 12th examination. Accordingly, the Petitioner moved an application for admission before the Respondent authorities. Thereafter, the Respondent No. 2 directed the Petitioner to fill up the examination form by 15-6-2011, which was duly complied with by the Petitioner along with fees of Rs. 1400/-. Subsequently, the admission card was issued, however, all of a sudden by the impugned order dated 29-6-2011 the admission card was cancelled and the Petitioner was denied admission in the examination of class 12th scheduled to be started from 6th July, 2011 on a technical ground that no specific direction was given by this Court in W.P. (C) No. 1499/2011 to the Respondent No. 2. Thus, this petition.

Learned Counsel appearing for the Petitioner submits that the impugned order is illegal, arbitrary and bad in law and also hit by the postulates of Articles 14 & 21 of the Constitution of India. The impugned order is based upon a technical ground, thereby without any rhyme or reason, debarring the Petitioner from appearing in the examination of class 12th after allowing her admission with open eyes and getting fees from her. After grant admission, ticket, the Petitioner cannot be debarred from appearing in the examination.

Shri Sharma, learned Counsel appearing for the Petitioner further submits that the Respondent No. 2 has recognized class 10th certificate of the CG Board of Secondary Education. Since this Court in Sandhya Tawadkar v. State of Chhattisgarh and Ors. (petition filed by the Petitioner herein) and other connected matters held that the certificate issued by the Delhi Board before 16-6-2009 was valid and thereafter it was derecognized. Accordingly, the Respondent No. 3 was directed to admit the Petitioner in class 12th examination, as she had obtained class 10th certificate from Delhi Board before 16-6-2009. Thus, on that basis the Respondent No. 2 cannot deny admission to class 12th examination conducted by the Respondent No. 2. Learned Counsel placed reliance upon the decision of the Supreme Court rendered in Suresh Pal and Ors. v. State of Haryana and Ors.

This Court in Ebenezer Samarth Prakash and Ors. v. State of Chhattisgarh and Ors. and other connected matters has considered the issue as to whether the Respondent No. 2 may be directed to recognize the class 10th examination certificate issued by the Delhi Board. This Court came to the conclusion that since the Board of Higher Secondary Education, Delhi, was never recognized by the Respondent No. 2 for Open School Education Programme, no such direction can be issued to the Respondent No. 2, to recognize class 10th certificate issued by the Board of Secondary Education, Delhi.

The Respondent No. 2 recognized certain Boards for the purpose of equalization. The certificate issued by the Chhattisgarh Board of Secondary Education was recognized for the purpose of equalization. Stand of the Respondent No. 2 is clear that the Delhi Board was never recognized by the Respondent No. 2 for the purpose of equvalisation and the same is not controverted by the Petitioner.

List of recognized Board are as under:

STATE

NAME OF THE BOARD

Place

ANDHRA PRADESH

Andhra Pradesh Board of Intermediate Education

HYDERABAD

Andhra Pradesh Board of Secondary Education

HYDERABAD

Name Andhra Name Pradesh Name Open Type School Society, SCERT Campus

HYDERABAD

ASSAM

Assam Higher Bamunimaidan Secondary Education Council

GUWAHATI

Assam Board of Secondary Education

GUWAHATI

BIHAR

Bihar Intermediate Education Council

PATNA

Name Bihar Type School Examination Board

PATNA

Bihar Sanskrit Shiksha Board

PATNA

CHHATTISGARH

Chhattisgarh Board of Secondary Education

RAIPUR

GOA

Goa Board of Secondary & Higher Secondary Education

GOA

GUJRAT

Gujrat Secondary & Higher Secondary Education

GUJRAT

HARYANA

Haryana Board of Education

Hansi Road BHIWANI

Name Haryana Name Open Type School

BHIWANI

HIMACHAL PRADESH

Himachal Pradesh Board of School Education

DHARAMSHALA

JAMMU & KASHMIR

Name J & K Type State Board of School Education

JAMMU

Name J & K Type State Name Open Type School

SHRINAGAR

JHARKHAND

Jharkhand Academic Council

RANCHI

KARNATAKA

Karnataka Board of the Pre- University Education

BANGALORE

Karnataka Secondary Education Examination Board

BANGALORE

Name Karnataka Name Open Type School, J.S.S. Maha Vidya Peeth

MYSORE

KERALA

Kerala Board of Public Examinations, Pareeksha Bhawan

THIRUVANANTHPURAM

Kerala Board of Higher Secondary Education

THIRUVANANTHPURAM

Name Kerala Type State Name Open Type School

THIRUVANANTHPURAM

MAHARASHTRA

Maharashtra State Board of Secondary and Higher Secondary Education

PUNE

MADHYA PRADESH

Madhya Pradesh Board of Secondary Education

BHOPAL

Name M.P. Type State Name Open Type School

BHOPAL

MANIPUR

Manipur Council of Higher Secondary Education

IMPHAL

Manipur Board of Secondary

IMPHAL

MEGHALAYA

Meghalaya Board of School Education

MEGHALAYA

MIZORAM

Mizoram Board of School Education Chaltlan

AIZAWL

NAGALAND

Nagaland Board of School Education

KOHIMA

ORISSA

Orissa Council of Higher Secondary Education

BHUBANESHWAR

Orissa Boar of Secondary Education

CUTTACK

PUNJAB

Name Punjab Type School Education Board

MOHALI

RAJASTHAN

Rajasthan Board of Secondary Education

AJMER

Name Rajasthan Type State Name Open Type School

JAIPUR

TAMIL NADU

Tamilnadu Board of Secondary Education

CHENNAI

Tamilnadu Board of Higher Secondary Education

CHENNAI

TRIPURA

Tripura Board of Secondary Education

AGARTALA, TRIPURA WEST

UTTARPRADESH

U.P. Board of High School & Intermediate Education

ALLAHABAD

UTTARAKHAND

Uttaranchal Shiksha Evin Pariksha Parishad, Ramnagar

NANITAL

WESTBENGAL

West Bengal Board of Secondary Education

CALCUTTA

West Bengal Council of Higher Education

CALCUTTA

Rabindranath Mukta Vidyalaya (W.B. State Open School

CALCUTTA

ALL INDIA BOARDS

National Institute of Open Schooling (formerly National Open School

NEW DELHI

Central Board of Secondary Education

DELHI

Council for Indian School Certificate Examinations

NEW DELHI

OTHER INSTITUTES RECOGNIZED FOR SECNDARY EDUCATION

Rashtriya Sanskrit Sansthan

NEW DELHI

Gurukul Kangri Vishwavidhyala

HARIDWAR

Directorate of Army Education

NEW DELHI

Aligarh Muslim University Jamia Miliya Hamdard University

ALIGARH

Banasthali Vidyapith Banasthali

RAJASTHAN

The Supreme Court, recently in Chairman, Bhartia Education Society and Anr. v. State of Himachal Pradesh and Ors., has defined the ''recognition'' and ''affiliation'' as under:

The purpose of ''recognition'' and ''affiliation'' are different. In the context of NCTE Act, ''affiliation'' enables and permits an institution to send its students to participate in the public examinations conducted by the Examining Body and secure the qualification in the nature of degrees, diplomas, certificates. On the other hand, ''recognition'' is the licence to the institution to offer a course or training in teacher education. Prior to NCTE Act, in the absence of an apex body to plan and co-ordinate development of teacher education system, respective regulation and proper maintenance of the norms and standards in the teacher education system, including grant of ''recognition'' were largely exercised by the State Government and Universities/Boards. After the enactment of NCTE Act, the functions of NCTE as ''recognising authority'' and the Examining Bodies as ''affiliating authorities'' became crystallized, though their functions overlap on several issues. NCTE Act recognizes the role of examining bodies in their sphere of activity.

In Suresh Pal (supra), the students were granted admission on the basis of recognition by the Government of Haryana, which was derecognized. The Supreme Court held that the recognition would continue, as they were admitted on the basis of recognition granted earlier, which was withdrawn subsequently. The facts in the instant case are altogether different, thus, the matter of Suresh Pal (supra) is distinguishable on the facts of the present case.

For the reasons and analysis mentioned hereinabove and applying the well settled principles of law to the facts of the present case, the writ petition, being bereft of merit, is liable to be and is hereby dismissed. No order as to costs.