Allahabad High Court
Smt. Suriti Verma vs State Of U.P. Thru Secy. Basic ... on 8 October, 2013
Bench: Shabihul Hasnain
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- MISC. SINGLE No. - 1444 of 2007
Petitioner :- Smt. Suriti Verma
Respondent :- State Of U.P. Thru Secy. Basic Education & 7 Ors.
Counsel for Petitioner :- Ramesh Pandey
Counsel for Respondent :- C S C,Prashant Arora
Hon'ble Shabihul Hasnain,J.
Heard Sri Ramesh Pandey learned counsel for the petitioner and the learned Standing Counsel for the State.
The petitioner has challenged the order dated 28.2.2007 passed by the District Magistrate, Barabanki, as contained in Annexure no. 1 as well as the order dated 17.2.2007 passed by the Secretary, U.P. Madhyamik Sanskrit Shiksha Parishad, Shahitya Bhawan, as contained in Annexure no. 2 to the writ petition. By Annexure no. 2 the petitioner's result for Uttar Madhyama Ist year 2002 and Uttar Madhyama IInd year 2003 have been cancelled. The impugned order says that the petitioner was required to have 'Sanskrit' as an independent subject in the High School to have applied for Uttar Madhyama which is equivalent to 'Intermediate' and can be obtained after qualifying High School.
Admittedly, the petitioner did not have 'Sanskrit' as a separate subject in High School. The admission was granted to the petitioner on the ground that she had 'Hindi' as a compulsory subject out of which one third part is definitely of 'Sanskrit' and that has been qualified by the petitioner. The petitioner did not conceal any material from the authorities and the admission was granted to her by the Principal under a bonafide belief that she could be admitted in the course of 'Madhyama'. In this regard report of the Principal has been annexed as Annexure no. 9 to the writ petition.
Petitioner says that she was granted admission to 'Madhyama' course which she successfully qualified obtaining more than 50% marks. Subsequently, the petitioner obtained admission in graduation course from Sampurnanand Sanskrit Vidyalaya. The petitioner successfully qualified the 'Shastri' examination obtaining first division in this examination. Later, the petitioner has passed High School with Sanskrit as a subject in the year 2008.
Sri Ramesh Pandey counsel for the petitioner has argued that after successfully obtaining higher education in a particular subject it is not open for the opposite parties to go back and cancel the exam retrospectively. The higher education in a particular subject will cure the deficiency, if it is technical in nature and there is no concealment or fraud in obtaining the degree of the higher course. He further argues that degree of Madhyamik and Shastri have not been obtained by any forgery, cheating or fraud by the petitioner. By sheer hard work and dint of labour petitioner has secured this distinction and now she has fulfilled the lacuna which was found at the initial stage. Petitioner had applied for Shiksha Mitra and since her marks were higher than other applicants she was appointed as Shiksha Mitra by the administration. It was only on a complaint that opposite parties and the eduction board had been able to detect this technical flaw and the degree has been canceled. The authorities at the level of Madhyama and Shastri course are also to be blamed for not detecting, if there was any lacuna in the degree. The petitioner was allowed to complete Madhyama as well as Shastri for five continuous years. They are now stopped from taking any action.
In the circumstances of the case, the court feels that after obtaining Madhyama and Shastri degree the lacuna which is the ground for passing the impugned order vanishes in the light of equitable justice. Moreover, the petitioner has now obtained High School with independent Sanskrit subject, the lacuna has also removed. Therefore, `the petition deserves to be allowed.
Accordingly, the order dated 17.2.2007 passed by the Secretary, U.P. Madhyamik Sanskrit Shiksha Parishad, Shahitya Bhawan, as contained in Annexure no. 2 to the writ petition is hereby set aside.
The opposite parties are directed to grant the degree of Madhyama and its mark sheet to the petitioner.
Writ petition is allowed.
Order Date :- 8.10.2013
Om.
