Satya Devi v. State Of Himachal Pradesh And Others

Jyotsna Rewal Dua, J. (Oral):— Notice. Mr. Hemant Vaid, learned Additional Advocate General and Mr. Vinod Chauhan, Advocate appear and accept service of notice on behalf of respondent No. 1 and respondent No. 2, respectively. No notice need be issued to respondent No. 3 at this stage.

2. By way of the present writ petition, the petitioner has mainly sought the following relief(s):—

“i) Issue a writ of mandamus directing the respondents to implement the order passed in CWP No. 4279 of 2019 i.e. Annexure P-6 qua the petitioner thereby allowing the petitioner to continue with the studies and appearing in the examination being conducted by the respondent Number 2 under the open schooling i.e. “SOS”.

ii) Issue a writ of mandamus directing the respondents to allow the petitioner to appear in the examination being conducted for class 12 by the SOS Branch of the respondent number 2 on the basis of the certificate cum mark-sheet issued by the respondent number 3.”

3. The grievance of the petitioner is that her 10 Class certificate issued by respondent No. 3, Grameen Mukt Vidhyalayi Shiksha Sansthan, is not being treated as valid certificate either to continue with the higher studies or for the purpose of appearing in the examination being conducted by the respondent No. 2 under the open School.

4. Learned Counsel for the parties jointly submit that the similar issue in respect of validity of the certificate(s) issued by respondent No. 3, Grameen Mukt Vidhyalayi Shiksha Sansthan, has been adjudicated by this Court in CWP No. 849 of 2019, titled Priyanka Devi v. State of H.P., decided on 10.09.2019, wherein it has been held that the said institute was duly recognized with Himachal Pradesh Board of School Education during the period 01.12.2017 to 05.02.2019.

5. It is not in dispute that 10 Class certificate of the petitioner (Annexure P-4) was issued by the Grameen Mukt Vidhyalayi Shiksha Sansthan during the aforesaid period 01.12.2017 to 05.02.2019. Therefore, the same is valid and effective for all intents and purposes, i.e. applying for government jobs or getting admission for higher education in the State of Himachal Pradesh.

6. In view of the above, there shall be a direction to the respondent-State to consider the 10 Class certificate of the petitioner issued by Grameen Mukt Vidhyalayi Shiksha Sansthan as a valid certificate for applying to government jobs or getting admission for higher education.

7. With the aforesaid observations/directions, the instant writ petition stands disposed of, so also the pending application(s), if any.