Court No. - 36
Case :- WRIT - A No. - 12820 of 2018 Petitioner :- Aditya Rathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Nath Srivastava,Harshit Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
By means of the present writ petition, the petitioner seeks to challenge the order dated 26.9.2016 passed by the respondent no. 2 whereby the candidature of the petitioner has been rejected on the ground that the High School and Intermediate examination certificates Examinations were undertaken by the petitioner from such institutions which are not established under the Statutory provision. These institutes have never been recognized by a Statutory Board and are not recognised in the State of U.P.
This fact recorded in the order impugned is sought to be challenged by the learned counsel for the petitioner with the assertion that at an earlier point of time i.e. when the certificates of the High School and Intermediate course was issued to the petitioner, these examinations were recognized as equivalent to the examinations conducted by the Board of High School and Intermediate Examination in the State of U.P. It has been derecognized at a later point of time and, therefore, the candidature of the petitioner could not have been rejected on the ground that he has passed examinations from an unrecognized Board.
This submission of the petitioner is not substantiated from the record, inasmuch as, no notification of the Board of High School and Intermediate examination has been brought before the Court to establish that the examinations in question have been recognized by the State of U.P. at any point of time. Nor the notification of their re-recognition has been brought on record.
In view of the said fact, this Court is of the considered view that the petitioner cannot be permitted to challenge the order of rejection of his candidature on vague assertions, after a period of two years.
The writ petition is found devoid of merits and, accordingly, dismissed.
Order Date :- 28.5.2018 Brijesh