HIGH COURT OF UTARANCHAL AT NAINITAL Writ Petition No. 658 (MS) of 2004 Rajesh Rawat S/o Sh. Manmohan Singh Rawat. R/o Uma Niwas, 102-103 Bara Bazar, Mallital, Nainital. …….Petitioner VS State of Uttaranchal and others. ……. Respondents Writ Petition No. 5590 (MS) of 2001 Mahendra Singh Jaggi And others. ………Petitioners VS State of Uttaranchal and Others. …….. Respondents Counsel for the petitioner Sh. P.C. Bhisht Counsel for the respondents Sh. Ganesh Kandpal On behalf of Sh. B.D.Upadhaya Dated:- 4-8-2004 Hon’ble Rajesh Tandon J. Heard Sh. P.C. Bhist learned counsel for the petitioners and Sh. Ganesh Kandpal holding the brief of Sh. B.D. Upadhaya counsel for the respondents. By the present writ petitions the petitioners have prayed for a writ of mandamus commanding the respondents to give admission to the petitioner. Brief facts giving rise to the present writ petitions are that the petitioners have passed Prathama Examination from Hindi Sahitya Sammelan Allahabad in 2nd division, session 2001-2002 with Hindi, History, Geography, Science, Mathematics and English subjects center at Sarvodya Rashtrabhasha Sikshan Sansthan, Bareilly Road Haldwani, District Nainital. After passing Prathama, the petitioners appeared and passed the Mahdyama Examination with History , English, Science, Economics and Hindi Literature from Sarvodya Rashtrabhasha Sikshan Sansthan, Barielly Road Haldwani Dist. Nainital center. The grievance of the petitioners are that they have passed Prathama Hindi Sahitya Sammelan Allahabad which is equivalent to High School and Madhyama (Visarad) from Hindi Sahitya Sammelan Allahabad which is equivalent to intermediate. While entertaining the writ petitions, the petitioners were allowed provisionally to appear in the classes. The order passed by Hon’ble Mr. Justice P.C.Verma on 31-10- 2001 is as under: - “Put up on 20-11-2001 in order to enable the learned Standing Counsel for the State of Uttaranchal to obtain the instructions regarding the genuiness of Govt. order dated 22-8-1998. In the meantime, petitioners shall be allowed to under take education provisionally in the Classes they have been admitted.” The petitioners have submitted that after passing the Prathama and Madhyama Examination from Hindi Sahitya Sammelan Allahabad, the petitioner applied for admission at D.S.B. Campus, Kumaon University Nainital in B.A. 1st year with History, Sociology, Hindi Literature and Political Science subjects and they have submitted their forms on 15-7-2004. The petitioners were required by the respondent No.2 to produce the educational certificates, so that their cases for admission may be considered. The petitioners produced his educational certificates, but the respondent No.2 refused to give them admission, on the ground that Prathama and Madhyama are not equivalent to High School and Intermediate Examination and therefore, they could not be given admission in B.A.Class. Counsel for the petitioners has submitted that the decision of the respondent No.2 denying the admission to the petitioners in B.A.Class are not correct, in view of the Govt. order dt. 22-8-1998, which was issued by the Govt. of U.P. in which it was specifically mentioned that the Prathama and Madhyama Examinations conducted by the Hindi Sahitya Sammelan Allahabad are equivalent to High School and Intermediate classes. Liberty is given to the petitioners to make a representation within a period of 3 days after filing the certified copy of the order. Vice Chancellor is directed to pass a reasoned order after hearing the petitioner. He shall also take into consideration the G.O. dated 22-8- 1998, which reads as under: - “mi;qDr fo’k;d Hkkjr ljdkj ds ia=kd 2342@f”k@98 fnukad 12- 8-1998 ds lUnHkZ esa funsZ”k gqvk gS fd fgUnh lkfgR; lEesyu bykgkckn }kjk lapkfyr izFkek ,oa e/;ek ijh{kk dh dze”k% gkbZLdwy ,oa b.VjehfM,sV ds led{k ekU;rk iznku dh tkrh gSA vius v/khuLFk vf/kdkfj;ksa @foHkkxksa @dk;kyk;ksa dks Hkh ,d ifji= Hkstdj voxr djk nsa rFkk ,d ifji= dh izfrfyfi ;Fkk”kh/kz dh gekjs dk;kZy; dks Hkst nsaA” The petitioners have already been admitted and taking their education. It is desirable in the interest of justice that the Vice Chancellor may consider the admission of the petitioners in the light of the G.O. dt. 22-8-1998. In view of the above, the Vice Chancellor is directed to consider the admission of the petitioners after considering the G.O. dt. 22-8-1998 within a period of six weeks. Subject to the aforesaid observation, both the writ petitions are disposed of. No order as to costs. Dated:- 4-9-2004 (RAJESH TANDON J.) M.K.