/ \v HIGH COURT OF CHHATTISGARH. BILASPUR WRIT PETITION (C) No.364/2011 PETITIONERS 1 Amit Kindo, aged 2O years, S/o S.S.P. Kindo, C/o Shri Amritram Paswan r/o Railway Construction Colony Tarbahar : Bilaspur : District Bilaspur(C.G.) Bhushan Das Manikpuri, aged 20 years, S/o Shri MD. Manikpuri, r/o CA-279/17 MIG-I, Rajkishore Nagar, Bilaspur, District Biiaspur (C.G.) Sandeep Paswan, aged 20 years, S/o Shri Amritram Paswan, r/o Railway Construction Colony, Tarbahar : Bilaspur : District Biiaspur(C.G.) Ku. Savita Patel, aged 18 years, d/o Shri Vikarm Aditya, Kasturva Nagar,Q No4, Biiaspur, District Bilaspur(C.G.) Ku‘ Lekha Mishra, aged 19 years, d/o Shri B.P. Mishra, Sheeia Parisar, Phase—ii, Near Ayappa Mandir, Biiaspur, District Biiaspur (C.G.) Deepak Kumar Shrivas, aged 19 years, S/o Shri B,P. Shrivas r/o Bannak Chouck, Sirgitti, Biiaspur, District Biiaspur (.C.G.) Marlon Anthony Hale, aged 18 years, d/o Shri Mervyn Hale, Near Guru Ghasidas Mandlr Tarbahar 1 Bilaspur : District Bilaspur (C.G.) Lawrence James Xavier, aged 17' years, Minor Through : B.J. Xavier: Father r/o Q. no. 76/A-4, Near Railway English Medium School, Bunglow Yard, Bilaspur District Bilaspur (C.G.) Vishesh Sharma, aged 18 years, S/o N.K. Sharma, r/o Near Maa Shardha Complex, Naresh Bazar : Telipara : Bilaspur District Bilaspur (C.G.) km RESPONDENTS 1O 11 2 \QQ WRIT PETITION (C) No.364l2011 Ku. Surabhi Yadav, aged 18 years, d/o Shri S.S. Yadav, r/o Q. no.A—S/91 Agyeya Nagar 1 Biiaspur District Bilaspur(C.G.) N. Ramesh, aged 19 years, S/o Shri L.T.N. Raju, r/o Near Loco Colony, Type 1/4 Zone—G . Bilaspur, District Bilaspur(C.G.) Monika Makhija, aged 18 years, 12 S/o Suresh Kumar r/o Magarpara Chouck, Biiaspur, District Biiaspur (C.G.) Anupam Ekka, aged 19 years, S/o Shri Baidev Ekka r/o Devendra Nagar, Ameri Road, Nehru Nagar, Bilaspur (C.G.) 13 Versus The State of Chhattisgarh, Through : The Secretary to the Govt. of Chhattisgarh Department of School Education : DKS Bhavan, Raipur, District Raipur (C.G.) CG. Board of Secondary Education : Madhyamik Shiksha Manda! : Through the Secretary, C.G. Board of Higher Education Pension Bade : Raipur District Raipur (C.G.) Board of Higher Secondary Education Delhi Through the Secretary Board of Higher Education Delhi Rajputana Lal Bhawan No.17, Gopaipurgaon (Timarpur) Post Office, Azadpur, Deihi-9 Panchvati Higher Secondary School Through the Principal Panchvati Higher Secondary School Near Old High Court, Bilaspur District Bilaspur (C.G.) n D WRIT PETITION (C) No.364/2011 w \\ WRIT PETIT!ON UNDER ARTICLE 226 OF THE CONSTlTUTicN OF INDIA Appearance : Mr. Anurag Dayal Shrivastava, Counsel for the petitioners. Mr. Shashank Thakur, Panel Lawyer for respondent No.1. Mr.‘ R.S. Patel, Counselvfor respondent No.2. ORAL ORDER (23.02.2011) SUNIL KUMAR SINHA, J. Heard finally with the consent of learned counsel for the parties. The petitioners are the students who have passed Class X examination from the Board of Higher Secondary Education, Delhi, Rajputana Lal Bhawan No.17, Gopalpur village (Timarpur), P.O. Azadpur, Delhi—9. Mr. Shrivastava submits that the said Board was recognized by the Board of $econdary Education Madhya Pradesh and it was also recognized by the Board of Secondary Education Chhattisgarh (respondent No.2). However, by the impugned order dated 25.09.2009 (Annexure P/1) the C.G. Board of Secondary Education (respondent No.2) started not recognizing the equivalency of the examination passed by the students from the said Board. Therefore, the petitioners who have passed Ciass X examination in Academic Session 2008-2009 from the said I Board filed this writ petition on 19.01 .201 1. , After issuance of the notice, respondent No.2 has filed reply. Along with the reply, Circular/order dated 18.10.2010 (Anhexure R/2/1) has been filed. According to the said order, it was clarified that the order dated 25.09.2009 (Annexure P/1) O.. 4 WRIT PETITION (C) No.364/2011 \ CK ) \ would be appiicable and effective from the first day of Academic Session 2009-2010 i‘e‘ from 16.06.2009. Mr‘ Shrivastava submits that since the petitioners had passed their class X examination in the Academic Session 2008-2009, the Circuiar dated 25.09.2009 wiii not be applicabie to the petitioners, but since their appiication forms were not accepted by the Board on account of the said Mr \ Circular, this writ petition was filed. Additional affidavit has'also been flied by respondent no.2. in the additional affidavit, it has been contended that earlier, the equivalency to the examination conducted by the said Board, referred to above, was given by the Board' of Secondary Education Madhya Pradesh and Board of Secondary Education Chhattisgarh, but the equivalency was withdrawn by order dated 25.09.2009 w.e.f. 16.06.2009. On the aforesaid reply and additional affidavit filed as l.A. No.05/201 1, it is clear that the students who have passed their examination in the year 2008—2009 will not be affected by the Circular dated 25.09.2009. in light of the above, this writ petition is finally disposed ,_ ’ of with a direction that if the petitioners submit their examination forms for appearing in further examination on the basis of their having passed Ciass~X examination earlier to 16.06.2009, their forms shall not be rejected by the Board on the grounds contained in impugned order dated 25.09.2009 (AnnexureP/1), because, the aforesaid order would not be relatable to the case ofthe petitioners. With the aforesaid observation/direction, this petition stands finally disposed of. Sd/- Sunil Kumar Sinha Judge ”... .........m... No order as to cost(s). whim