Writ Petition No. 8296 of 2011 29-11-2011 Shri Bhupendra Mishra, learned counsel for the petitioners. Shri Lalit Joglekar, learned counsel for the respondents/State. Shri Mahendra Pateria, learned counsel for the respondent No. 4. In this petition, the petitioners who passed their Higher Secondary Examination from the Board of Higher Secondary Education New Delhi call in question the legality of notification dated 27.01.2011 issued by Barkatullah University, Bhopal whereby, it has been stated that the examination conducted by the Board of Higher Secondary Education, Delhi shall not be considered as equivalent to High School Examination conducted by Board of Secondary Education, M.P Bhopal. It is the contention of the petitioners that because of the aforesaid notification issued by Barkatullah university, Bhopal that further studies at Barkatullah University, Bhopal wherein they have taken admission have been put to jeopardy. Though no return has been filed by respondents and more particularly respondent No. 4, however, it is submitted that the examination of class 10th of Higher Secondary Education, Delhi was equivalent to Class 10th of Board of Secondary Education Bhopal prior to 30.7.2009. Thereafter the Board of Higher Secondary Education M. P. Bhopal de-listed Higher Secondary Education Delhi from recognized Boards. Learned counsel for respondent no. 4 has placed reliance to the clarification issued on 27-01-2011. Thus, with the issuance of aforesaid clarification dated 27-01-2011 the controversy boils down to a narrow compass as to whether when the academic session 2008-2009, the Board of Secondary Education, Delhi has been recognised the respondents Barkatullah University, Bhopal would be justified in their action, disallowing the petitioner to prosecute their studies. In the factual background as adverted to, the cause of justice would be sub served if Barkatullah University; Bhopal is directed to consider the case of the students who pass their requisite examination from the Board of Secondary Education, Delhi in the Academic session 2008-2009 in the light of clarification issued by Board of Secondary Education Bhopal on 27.01.2011. Regarding challenge to the clarification dated 27-01-2011 issued by respondent No. 4-Barkatullah University no fault can be found therein as the same is in consonance with the decision taken by Madhya Pradesh Board of Secondary Education whereunder a student passing examination from the Board of Secondary Education, New-Delhi, after 2009 are not recognised at par with 10+2 examination held by the Board of Secondary Education, M.P. It is to be kept in mind that unless a student has undertaken studies in a recognised course he is not entitled for admission to higher courses. In State of Tamil Nadu and others v. St. Joseph Teachers Training Institute and another [(1991) 3 SCC 87] it is observed: “6. The practice of admitting students by unauthorised educational Institutions and then seeking permission for permitting the students to appear at the examination has been looked with disfavour by this Court In Nageshwaramma v. State of Andhra Pradesh, [1986] Supl. SCC 166 this Court observed that if permission was granted to the student of an unrecognised Institution to appear at the examination, it would amount, to encouraging and condoning the establishment of unauthorised institutions. The Court declared that the Jurisdiction of this Court under Article 32 or of the High Court under Article 226 of the Constitution should not be frittered away for such of purpose. In A.P. Christains Medical Educational Society v. Government of Andhra Pradesh & Anr., [1986] 2 SCC 667 a similar request made on behalf of the institution and the student for permitting them to appear at the examination even though affiliation had not been granted, was rejected by this court. The court observed that any direction of the nature sought for permitting the students to appear at the examination without the institution being affiliated or recognised would be in clear transgression of the provision of the Act and the regulations... .... ..... ..... ....” In Rajasthan Pradesh V.S. Sardarshahar & another v. Union of India and others (AIR 2010 SC 2221) it was observed by their Lordships “that any institution which is not recognised cannot impart an education and students thereof cannot appear in the examination held by the government, university or Board”. Be that as it may. If the respondent-University on the basis of the clarification issued on 27-01-2011 comes to hold that the petitioners/students are not entitled to prosecute their studies on the anvil that they having passed the Higher Secondary Examination from the Board of Higher Secondary Education, Delhi they would be at liberty to pass an order after an affording opportunity to respective petitioners. The petition is disposed of finally in above terms. Certified copy as per rules. (SANJAY YADAV) JUDGE sc