Allahabad High Court
Smt. Laxmi Pal vs State Of U.P. And 4 Others on 7 May, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 4489 of 2022
Petitioner :- Smt. Laxmi Pal
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Vijai Kumar Rai
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vijai Kumar Rai, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
By means of the present writ petition, the petitioner has made following relief:
"i. Issue a writ order or direction in the nature of mandamus directing the respondents to treat the petitioners qualification (prior to year 2008) 'Adhikari Pariksha', Gurukul Vishwavidyala, Vrindavan, Mathura equivalent to the U.P. Secondary Education Board, U.P. which is being qualified by the petitioners and include the petitioner's candidature for appointment on the post of Anganwadi Karyakarti.
ii. To issue a writ order or direction in the nature of mandamus directing the respondent no.3 to treat the qualification of "Adhikari Pariksha", Gurukul Vishwavidyalaya, Vrindavan, Mathura prior to 10.07.2008 i.e. date of issuing notification by the Government and treat the petitioner within campus of consideration having being qualification of High School having certificate of Gurukul Vishwavidyalaya, Virndavan, Mathura prior to year 2008.
........."
It is the case of the petitioner that petitioner had done her High School from the Gurukul University, Vrindavan, Mathura in the year 2008 and is working as Sevika with effect from 2002. The petitioner applied for being appointed as Aanganbadi Karyakatri. However, when the application of the petitioner has been rejected, which has been communicated to her vide letter dated 28.9.2021, the present writ petition has been filed.
Learned counsel for the petitioner submits that the High School certificates which were issued to them by the Gurukul University, Vrindavan, Mathura were recognized certificates till the year 2008. To support his contention, learned counsel for the petitioner relied upon a Full Bench judgment of this Court in Dhanpal & Ors. vs. State of U.P. & Ors. reported in 2013 (8) ADJ 723. Since, learned counsel for the petitioners specifically relied upon paragraph 54 of the Full Bench judgment, the same is being reproduced here as under :-
"54. In view of the discussion made above, we answer the reference thus:
(a) Adhikari Pariksha Certificate issued by the Gurukul Viswavidyalaya, 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.
(b) The decision of the division bench in Special Appeal No. 1990 of 2011 dated 13.10.2011 (Indrawati Devi v. State of U.P. and others), which holds that "Adhikari Pariksha" certificate obtained from Gurukul Viswavidyalaya, Vrindavan, Mathura cannot be held to be a valid degree, does not lay down the correct law.
Let the papers of this writ petition be placed before the appropriate Court for further orders."
Learned Standing Counsel could not dispute the aforesaid submissions made by the learned counsel for the petitioner.
Since the issue of legality of High School Certificate issued by Gurukul University, Vrindavan, Mathura has been finally decided by the Full Bench of this Court in the case of Dhanpal (supra), a direction is being issued that the candidature of the petitioner may be considered by the authority concerned in view of the law laid down by the Full Bench of this Court in Dhanpal (supra).
The writ petition is, accordingly, disposed of.
(Manju Rani Chauhan, J.)
Order Date :- 7.5.2022
Sushil/-
