Himachal Pradesh High Court

CWP/4466/2019 on 30 December 2019

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HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.4466 of 2019 Decided on: 30.12.2019 Yug Raghuwanshi

....…......Petitioner Versus State of Himachal Pradesh and others ........Respondents _______________________________________________________________

Coram:

Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Ms. Srishti Chauhan, Advocate. For the respondents : Mr. Ashok Sharma, Advocate General, with Mr. Adarsh Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, Additional Advocate Generals, for respondent No.1/ State. Ms. Anjali Soni Verma, Advocate, for respondent No.2. ________________________________________________________________ Jyotsna Rewal Dua, Judge (Oral). The grievance of the petitioner is that the certificate issued to him by respondent No.3/Grameen Mukt Vidhyalayi Shiksha Sansthan in respect of his clearing 10th class examination is not being treated to be a valid certificate by respondent No.2, i.e. H.P. Board of School Education, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. The validity of the certificate issued by Grameen Mukt Vidhyalayi Shiksha Sansthan during the period from 01.12.2017 to 05.02.2019 has been adjudicated upon by this Court in CWP No.849 of 2019 and in various other matters. The certificates issued by respondent No.3, during the aforesaid period, have been held to be valid on the basis of written instructions placed on record in the above numbered writ petition.

3. In this view of the matter, the petitioner may represent to respondent No.2, Himachal Pradesh Board of School Education, Dharamshala, accordingly within a period of two weeks from today, whereafter, respondent No.2, after verification of the 10th class certificate in accordance with law and judgment passed by this Court in CWP No.849 of 2019 and connected matters, may decide the same and take requisite action in the matter within two weeks thereafter. In the meanwhile, respondent No.2 is directed to provisionally allow the petitioner to apply and appear in the examination under the Notification dated 02.11.2019 (Annexure P-6), subject to his satisfying other terms and conditions. This provisional permission shall bide by the final decision on the representation to be made by the petitioner.

With the aforesaid observations/directions, the present writ petition stands disposed of, so also pending miscellaneous application(s), if any. Learned Advocate General and learned counsel for respondent No.2, are directed to communicate the gist of this judgment to the respondents, forthwith. Copy 'Dasti'.

(L. Narayana Swamy)

Chief Justice

(Jyotsna Rewal Dua) December 30, 2019

Judge (Yashwant)

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