Q) IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILAspUR ‘c G y w. P. (C) No.?>§wa ér §01 1 Single Bench / PETITIONER : Sandhya Tawadkar, D/o Shri Laxmi Narayan Tawadkar, aged about 19 years, R/o Near Head Post Offlce, Rajendra Nagar, Bilaspur, District-Bilaspur (C.G.) RESPONDENTS :1. @Te of Chhattisgarh : Through Secretary School Education Department, D.K.S. Bhawan Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA , 2. Chhattisgarh State Open School, Raipur, through the Secretary, Old Director Public Instruction Office Building, Pensionbada, Raipur (C.G.) Q" e W 3./Chhattisgarh Board of Secondaly Education, though the Secretary, Pensionbada Raipur (C.G.) (a. 4. Government J. R. Dani, Girls Higher Secondary School, through the Principal, Raipur (C.G). 5. J/s Minj, Secretary, Chhattisgarh Board of Secondary Education and also Secretary of Chhattisgarh State Open School, Pensionbada Raipur (C.G.) A WM HIGH COURT OF CHHATTISGARH : BILASPUR (Writ Petition under Articies 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- ~Shri Prateek Sharma, Advocates for the petitioner. Shri V.V.S. Murthy, Dy. Adv. Generai for the State. Shri Y.S. Thakur, Advocate for the respondent No.2. (Passed on this day of July, 201 1) ORDER ORAL 5‘ WRIT PETITION (C) No.3546 OF 2011 PETITIONER Sandhya Tawadkar Versus RESPONDENTS State of Chhattisgarh & Others 1. Heard learneg counsel for the parties. 2. By this petition, the petitioner seeks to chattenge the Iegatity 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 12"“ class examination scheduled to be started from 6-7-2011. 3. According to the petitioner, after passing the class 10”? 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 10‘“ certificate is of Board of Higher Secondary Education, Delhi, whose recognition has been cancelled by the respondent Board from 16-6-2009. 4. 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—5u2011 and directed the respondent Chhattisgarh Board to permit the petitioner for her admission to the course and participate in class 12‘“ examination. Accordingly, the petitioner moved an applicationvfor admission before the respondent authorities. Thereafter, the respondent No.2 directed the petitioner to fiH up the examination form by 15-6-2011, which was duly complied with by the petitioner along with fees of Rs.1400l—. Subsequently, the admission card was issued, however, all of a sudden’ by the impugned order dated 29—6u2011 the admission card was cancelled and the petitioner was denied admission in the examination of class 12m scheduled to be started from 6m July, 2011 on a technical ground that no specific direction was given by this Court in W.P. (C) No1499/2011 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 12‘“ 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 10m certificate of the CG Board of Secondary Education. Since this Court in Sandhya Tawadkar v. State of Chhattisgarh & Others’ (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 12'“ examination, as she had obtained class 10m certificate from Delhi Board before 16—6-2009. Thus, on that basis the respondent No.2 cannot deny admission to class 12‘“ examination conducted by the 1 WP (C) No.1499 of 2011 (decided on 9-5-201 1) M respondent No.2. Learned counsel placed reliance upon the decision of the Supreme Court rendered in Suresh Pal and others v. State of Haryana and Others? This Court in Ebenezer Samarth Prakash & Others v. State of Chhattisgarh & Others 3 and other connected matters has considered the issue asto whether the respondent No.2 may be directed to recognize the class 10‘“ 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, ho such direction can be issued to the respondent No.2, to recognize class 10‘“ certificate issued by the Board of Secondary Education, Delhi. The respondent No.2 recognized certain B'oards 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: 2 AIR 1987 SC 2027 3 WP (C) No.1740 of 2011 (decided on 30-6-201 1) -- wuwuuc— «m NIOS-LIST OF RECOGNISED BOARDS OF SECONDARY AND SENIOR SECONDARY EDUCATION STATE - . NAME OF THE BOARD Place ANDHRA PRADESH Andhra Pradesh Board of Intermediate Education . HYDERABAD Andhra Pradesh Board of Secondary Education HYDERABAD gown/sap" : Andhra Pradesh HYDRABAD Open Schoo! Society, SCERT Campus ASSAM Assam Higher Bamunimaidan Secondary Education GUWAHATI Council Assam Board of GUWAHATI Secondary Education BIHAR Bihar intermediate Education Council PATNA Bihar School Examination Board PATNA Bihar Sanskrit Shiksha Board PATNA CHHATTISGARH Chhattisgarh Board RAIPUR of Secondary Education GOA K Goa Board of Secondary & Higher Secondary Education GOA GUJRAT Gujrat Secondary & GUJRAT Higher Secondary Education HARYANA Haryana Board of Hansi Road Education BHlWANl Haryana Open BHIWANI School HIMACHAL Himachal Pradesh DHARAMSHALA PRADESH Board of School Education JAMMU & KASHMIR J & K State Board of School Education JAMMU J,& K State Open School SHRINAGAR JHARKHAND Jharkhand Academic Council RANCHI KARNATAKA Karnataka Board of BANGALORE V the Pre—University Education Karnataka BANGALORE Secondary Education Examination Board Karnataka Open MYSORE School, J.S.S. Maha Vidya Peeth KERALA Kerala Board of THIRUVANANTHP Public Examinations, URAM Pareeksha Bhawan Kerala Board of THIRUVANANTHP Higher Secondary URAM Education Kerala State Open School THIRUVANANTHP URAM MAHARASHTRA Maharashtra State PUNE ‘ Board of Secondary and Higher Secondary Education MADHYA PRADESH Madhya Pradesh Board of Secondary Education BHOPAL M.P. State Open 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 AIZAWL School Education Chaltlan NAGALAND Nagaland Board of School Education KOHIMA ORISSA Orissa Council of BHUBANESHWAR Higher Secondary ‘ Education Orissa Boar of Secondary Education CUTTACK PUNJAB Punjab School Education Board MOHALI RAJASTHAN Rajasthan Board of Secondary Education AJMER Rajasthan State Open 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 UTI'ARPRADESH U.P.Board of High ALLAHABAD School & Intermediate Education UTTARAKHAND Uttaranchal Shiksha NANITAL Evin Pariksha Parishad, Ramnagar 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 The Supreme Court, recently in Chairman, Bhan‘ia Education Society and Another v. State of Himachal Pradesh and Others", has defined the ‘recognition’ and ‘affiliation‘ as under : ”19. ‘The burpose of ‘recognition’ and ‘affiiiation’ are different. in the context of NCTE Act, ‘affiiiation’ enables and permits an institution to send its students to participate in the public Examining examinations Body and conducted secure by the the i 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 f 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." 1 1. ln 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 i l 4 (201 1) 4 soc 527 ibwm . amwmw.“ Council for lndian NEW DELHI School Certificate Examinations OTHER INSTITUTES RECOGNIZED FOR SECNDARY EDUCATION Rashtriya Sanskrit Sansthan NEW DELHI Gurukul Kangri Vishwavidhyala HARIDWAR Directorate of Army Education NEW DELHI‘ Aligarh Muslim University ALIGARH Jamia Miliya Hamdard University BanasthaliVidyapith Banasthali RAJASTHAN - continue, as they were admitted on the basis of recognition granted 51g 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. 12. 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 asto costs. Sd/- Satish K. Agnihotri Judge Grow. V