IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2183 of 2008 (M/S) Shri Bharat Mandir School Society (Registered) Rishikesh through its Secretary Harsh Vardhan Sharma. ….....Petitioner. Versus 1. State of Uttarakhand through Secretary, School Education Dehradun. 2. Director of School Education Dehradun. 3. Additional Director of S.C.R.T. Narendra Nagar, Tehri Garhwal. 4. Secretary, Uttarakhand School Education Board Ramnagar, District Nainital. ……….Respondents. Shri Dinesh Gahatori, Advocate for the petitioner. Shri K.P. Upadhyaya, learned Addl. Chief Standing Counsel for respondents No. 1, 2 and 3. Shri V.K. Kaparwan, Advocate, for respondent No. 4. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondents to hold examination for first year and second year for Nursery Teachers Training course, which is being conducted by the petitioner institute. 3. Learned counsel for the petitioner submitted that the petitioner, a registered society under Societies Act, had recognition from National 2 Council for Teachers Education (NCTE) to impart Nursery Teachers Training (NTT). In pursuance to the recognition, State Government permitted vide letter dated 23.08.2008 to the petitioner to start the aforesaid training course. The trainees are undergoing the training but their examination is not being held by respondent No. 4 i.e. Uttarakhand School Education Board. 4. Learned counsel for respondent No. 4 drew attention of this Court to Government Order No. 890/XXIV(1) 2008-6/2007, dated 22.08.2008 (copy of which is annexure-14 to the writ petition) and contended that the Board is not authorized to hold the examination. 5. Perusal of the aforesaid Government Order, clearly shows that the Board is directed not to hold the examination only from the year 2008-09 onward. The petitioner’s case is that the trainees who were undergoing training in the petitioner institution, are waiting for their first year examination and second year examination, which were due to be held for the year 2007-08. As such, the plea taken by the Board (respondent No. 4) that it is not authorized to hold the examination for the year 2007-08, is erroneous in law. 6. Therefore, this writ petition is summarily disposed of directing the respondent No. 4 to hold the examination of NTT for the year 2007-08 3 only. (Interim relief application No. 8585 of 2008, also stands disposed of). (Prafulla C. Pant, J.) Dt. 18.12.2008 Sweta 4 5