Court No. - 38
Case :- WRIT - A No. - 5352 of 2019 Petitioner :- Vikas Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had applied for appointment to the post of Constable pursuant to recruitment exercise initiated in the year 2018. It appears that the petitioner has also been selected but his claim for appointment has not been considered on the ground that his Intermediate certificate issued from National Institute of Open Schooling (N.I.O.S.) is not recognised as equivalent certificate to Intermediate certificates issued by the U.P. Board.
Following orders were passed in the matter on 13.8.2019:-
"Although it is stated that Intermediate Certificate issued by National Institute of Open Schooling, NOIDA is not recognized but the communications annexed at Page 5 of the counter affidavit appears to suggest otherwise.
Learned Standing Counsel is directed to obtain specific instructions from the respondent no.5 by the next date fixed.
Post as fresh, once again, on 22nd August, 2019.
The counter affidavit, which is alleged to have been filed on 26th July, 2019, would be placed on record."
Learned Standing Counsel has obtained instructions from Secretary, Madhyamik Shiksha Parishad, Uttar Pradesh, Prayagraj, according to which the Intermediate Certificate of N.I.O.S. has been granted recognition by the U.P. Board and that it be treated as equivalent to the Intermediate Certificate issued by the U.P. Board. Copy of the instructions have also been furnished to the counsel for the petitioner. It is also stated that the Board in question is also recognized by the Council of Boards of School Education in India. The instructions of the Secretary concerned is taken on record.
Learned Standing Counsel states that in view of the stand taken by the Secretary concerned, the authorities shall consider petitioner's claim for appointment.
In the facts and circumstances of the case, noticed above, this petition stands disposed of with a direction upon the respondent no. 4 to examine the petitioner's claim for appointment on the post of Constable. The Intermediate certificate issued by the National Institute of Open Schooling would not be ignored and would be treated as equivalent to the Intermediate Certificate issued by the U.P. Board, in light of the communication received from the Secretary Madhyamik Shiksha Parishad, Uttar Pradesh, Prayagraj. The required consideration would be made within a period of three months from the date of presentation of a certified copy of this order.
Order Date :- 26.8.2019 n.u.