Court No. - 6
Case :- WRIT - A No. - 13465 of 2020
Petitioner :- Piyush Krishna
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Krishna Dutt Awasthi,Prabhakar Awasthi
Counsel for Respondent :- C.S.C.,Shravan Kumar Panday
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and perused the instructions as given by the District Basic Education Officer, which are on record.
The present petition has been filed challenging the order dated 16.5.2020, whereby the appointment of the petitioner has been cancelled solely on the ground that the High School certificate granted by the Gurukul Vishwavidyalaya Vrindavan, Mathura is not equivalent to High School certificate granted by the U.P. Board. I have perused the order, which is on record, which discloses that as a sole reason for cancelling the appointment of the petitioner.
Learned counsel for the petitioner argues that this question has been well settled in the judgment of this Court dated 9.10.2013 passed in the case of Dhanpal and others Vs. State of U.P. and others; Writ-A No. 48208 of 2012, wherein the Full Bench of this Court has recorded as under:-
"(a) Adhikari Pariksha Certificate issued by the Gurukul Vishwavidyalaya, Vrindavan, Mathura, up to the year 2008 i.e. till it was recognized by the U.P. Board of High School and Intermediate Education as equivalent to High School, obtained with English as one of the subject, and passed in one year, is a valid qualification equivalent to High School, regardless of Gurukul having been declared a fake University by the UGC."
The contention of learned counsel for the petitioner is that the petitioner had passed the examination from the Gurukul Vishwavidyalaya, Vrindavan, Mathura in the year 2008, which bears date as 7.2.2008. Thus he contend that the case is squarely covered by the judgment of this Court in the case of Dhanpal (supra).
A perusal of the impugned order further shows that no consideration has been granted to the Full Bench judgment while passing the said order. Accordingly, order dated 16.5.2020 is set aside. The respondents shall be at liberty to pass fresh orders only in terms of the judgment of this Court in the case of Dhanpal (supra). The said exercise shall be carried out expeditiously, preferably within a period of four weeks from the date when a copy of this order is produced before the respondent no. 4. Needless to add that if the petitioner is found to be eligible, he shall be paid all the consequential dues.
The writ petition stands disposed off.
Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified copy of this order.
Order Date :- 29.7.2021
S. Rahman