__________________________________________________________________ vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 16 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                              CWP No.6440 of 2020




                                                                              .
                                  Decided on: 1st January, 2021





    __________________________________________________________________
    Harsh Lata
                                                                                 ....Petitioner
                                      Versus





    State of Himachal Pradesh and others
                                                                          ......Respondents
    __________________________________________________________________
    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
    1 Whether     approved for reporting?

    ______________________________________________________

    For the petitioner:                  Ms. Srishti Chauhan, Advocate.
    For the respondents:                 Mr. Ashok Sharma, Advocate General,
                                         with Mr. Vinod Thakur, Mr. Vikas
                                         Rathore & Mr. Shiv Pal Manhans,


                                         Additional  Advocates  General  and
                                         Ms. Seema Sharma, Mr. Bhupinder
                                         Thakur & Mr. Yudhvir Singh Thakur,
                                         Deputy     Advocates   General,  for




                                         respondent No.1-State.
                                         Ms. Anjali Soni Verma, Advocate, for





                                         respondent No.2.
                                         (Through Video Conferencing)





    Tarlok Singh Chauhan, Judge                   (Oral)

The instant writ petition has been filed by the

petitioner for the grant of following substantive reliefs:-

"i) Issue a writ of mandamus directing the respondent number 2 to declare the result of the petitioner i.e. Annexure P-7.

ii) Issue a writ of mandamus directing the respondents to

Whether reporters of Local Papers may be allowed to see the judgment?

implement the order passed in CWP No.849 of 2019 i.e. Annexure P-8 qua the petitioner thereby declaring the result of the petitioner."

.

2. Admittedly, the petitioner has passed her

matriculation examination in August, 2018 (24.08.2018), as

per Annexure P-4, from "Grameen Mukt Vidhyalayi Shikshan

Sansthan". The only hurdle in not declaring the result of the

petitioner is on account of non-recognition of Grameen Mukt

Vidhyalayi Shikshan Sansthan with the Himachal Pradesh

Board of School Education, i.e. respondent No.2 herein.

3. However, similar issue came up before this Court

in CWP No.849 of 2019, titled Priyanka Devi vs. State of

H.P. and others, decided on 10.09.2019, wherein learned

Standing Counsel for respondent No.2-Board had placed on

record written instructions, which revealed that during the

period from 01.12.2017 to 05.02.2019, "Grameen Mukt

Vidhyalayi Shikshan Sansthan", i.e. respondent No.3, was

duly recognized with the Himachal Pradesh Board of School

Education, i.e. respondent No.2.

4. Therefore, once the petitioner has appeared for

matriculation examination during the period when Grameen

Mukt Vidhyalayi Shikshan Sansthan was recognized by

respondent No.2, the petitioner was rightly admitted in 10+2

examination by respondent No.2.

.

5. Therefore, in such circumstances, there is no

impediment in not declaring the result of the petitioner.

6. Accordingly, the instant writ petition is allowed

and respondent No.2 is directed to declare the result of the

petitioner for 10+2 examination, within a period of two weeks

from today.

7. to The instant writ petition stands disposed of in the

aforesaid terms, so also the pending application(s), if any.

Copy dasti.

(Tarlok Singh Chauhan) Judge

(Jyotsna Rewal Dua) Judge January 01, 2021 (V.Himalvi/Mukesh)