Heard learned counsel for the petitioners and learned standing counsel for the respondents.
Petitioners of these writ petitions passed Adhikari Examination conducted by the Gurkul University Brindawan, Mathura. The said certificates had been declared to be equivalent to high school hence on the basis of the same they were admitted to intermediate course in different colleges recognised by Board of High School and Intermediate, Allahabad. They passed intermediate examination, and thereafter they pursued further studies.
On 15.05.2006, Joint Secretary, Government of U.P. issued a letter to Director, Higher Education, U.P. Allahabad and Registrar of State Universities of U.P. mentioning that U.G.C. had issued a list of 20 fake Universities, list of which was enclosed with the said order. Gurkul University Brindawan, Mathura found place at Serial No.20 in the said list at the top of which it was mentioned as "List of of Fake Universities as on January, 31, 2006". Different Institutes where petitioners had been admitted to graduate courses cancelled the admission of the petitioners on the basis of the said list. In the first writ petition, Registrar, M.J.P. Rohilkhand University, Bareilly issued order to all the Principals of its affiliated Degree Colleges directing them not to admit any such student who had passed from the institutes mentioned in the list. Thereafter, petitioners' admission forms were cancelled/ rejected by the Principals of the Degree Colleges.
In second writ petition petitioners got admission in A.K.P. Post Graduate College, Khurja District Bulandshahar affiliated to Chudhery Charan Singh University Meerut.
In the third writ petition, petitioner got admission in Verdhaman College Bijnor Affiliated to M.J.P. Rohilkhan, Bareilly.
In the last writ petition petitioner applied for admission in I.T.I. Jhansi and qualified entrance test however he was refused admission in the I.T.I. on the same ground that he had passed High School from Gurkul University Brindawan, Mathura .
In the first writ petition on 12.09.2007 following order was passed on the order sheet:
"Short counter affidavit filed today be accepted and taken on record.
Petitioners undisputedly claim to have passed their High School examination in the year 2004 from Gurkul University, Brindawan, Mathura purported to be managed by Arya Pratinidhi Sabha U.P. Lucknow (vk;Z izfrfuf/k lHkk mRrj izns'k y[kuÅ) Petitioners further submit that once they have passed their High School examination from the aforesaid University they took admission in Intermediate course and thereafter passed their intermediate examination conducted by Madhyamik Shiksha Parisad, U.P. at Allahabad in the session 2006. Petitioner submits that they intended to pursue their graduation course from M.P.J. Ruhelkhand University but they have been disqualified by the aforesaid University on the ground that they been passed High School examination from Gurkul University, Brindawan, Mathura. Petitioners submit that once they have passed their high school examination from aforesaid University which has been recognized by the Madhyamik Shiksha Parisad, U.P. at Allahabad under Chapter XIV Regulation 2(30) of the Regulations framed under U.P. Act No.II of 1921 and pursuant to which petitioners have passed their Intermediate Examination then they ought to have been granted admission without raising any objection by the M.P.J. Ruhelkhand University for admitting the petitioners in B.A. course.
In the present case most surprising feature is that petitioners have passed their High School Examination from aforesaid University and based on the same they have passed their Intermediate examination from Madhyamik Shiksha Parisad, U.P. Allahabad and said University from where petitioners have passed High School Examination has declared as fake university then Madhyamik Shiksha Parisad, U.P. at Allahabad will have to examine as to whether the recognition of the aforesaid University will continue or not.
For this aspect of the matter a month's time is accorded to the Learned Standing counsel to submit report before this Court.
Copy of this order be supplied to learned Standing Counsel for ensuring compliance.
List this petition after one month."
Thereafter, compliance affidavit was filed by Sri Santosh Kumar, Deputy Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad. In para-5 of the affidavit it was mentioned as follows:
"It appears that in view of the circular dated 15th May, 2006, the respondent nos.3 & 4 have refused to recognize the certificate of the petitioners. So far as Madhyamik Shiksha Parishad, Uttar Pradesh is concerned, it may be clarified that since the aforesaid circular issued by the High Education department of the State as well as notification of the University Grant Commission was not sent to the Madhyamik Shiksha Parishad as such proper amendment could not be made in the calendar of the Madhyamik Shiksha Parishad as well as in the U.P. Intermediate Education Act. A bare perusal of the Annexure-3 will make it clear that due to inadvertence, the Higher Education department has failed to forward the copy of the circular either to the Secretary, Secondary Education or to the Secretary, Madhyamik Shiksha Parishad. Since now by means of writ petition, the order of the Hon'ble Court has come to the knowledge of the deponent as such immediate steps are being taken to incorporate the necessary amendment in the Regulations framed under U.P. Intermediate Education Act. However, the aforesaid amendment will be prospective because large section of students, who have completed their examination prior to notification of University Grant Commission, were given due recognition and they have pursued their higher studies either through U.P. Board or in the Universities etc. so that they may not be penalized without any fault on their part."
In this regard learned counsel for the petitioners has cited an authority of this court dated 30.03.2012 passed in Writ Petition No.68714 of 2011 and in two other writ petitions. The said case also related to the similar certificate issued by the Gurkul University Brindawan, Mathura. In para-29 of the said judgment, it has been held that Board of High School and Intermediate, U.P. shall continue to recognise the certificates by Gurkul University Brindawan, Mathura uptil 2008 and de-recognition since 2008 was prospective. Ultimately all the Writ Petitions were allowed.
Accordingly, these Writ Petitions are also allowed in view of the aforesaid assertion in the compliance affidavit and the above judgment dated 30.03.2012 and it is declared that petitioner's certificates from Gurkul University Brindawan, Mathura were quite valid when it were granted and petitioners' admission in Higher Education, Graduate courses etc. shall be treated to be valid.
Order Date :- 23.8.2012 NLY