Chander Prabha vs State Of Himachal Pradesh & Ors
2021 Latest Caselaw 431 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                                   .
                                    CWP No. 250 of 2021





                               Date of decision: January 07, 2021.





    Chander Prabha.                              ......Petitioner.
                               Versus
    State of Himachal Pradesh & ors.             .....Respondents.



    Coram

    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting? 1 No.

    For the petitioner         :    Mr. Pranay P. Singh, Advocate.



    For the respondents        :    Mr. Ashok Sharma, AG with Mr. Vinod
                                    Thakur, Mr. Vikas Rathore, Mr. Shiv Pal
                                    Manhans, Addl. AGs, Mr. Bhupinder




                                    Thakur, Ms. Seema Sharma and Mr.
                                    Yudhvir Singh Thakur, Dy. AGs, for
                                    respondent No. 1.





                                    Ms. Anjali Soni Verma, Advocate, for
                                    respondent No. 2.





                                    Nemo for respondent No. 3.

                          (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:-

Whether the reporters of the local papers may be allowed to see the Judgment? yes.

"i) Issue a writ of mandamus directing the respondents number 2 to declare the result of the

.

petitioner i.e. Annexure P-7.

ii) Issue a writ of mandamus directing the respondents to 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 held in April, 2018 as per Annexure

P-4 from respondent No. 3 i.e. "Grameen Mukt Vidhyalayi

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

of the petitioner is on account of non-recognition of 3 rd

respondent with the Himachal Pradesh Board of School

Exudation, i.e. respondent No. 2.

3. However, similar issue came up before this Court in

CWP No. 849 of 2019 , titled Pryanka Devi vs. State of H.P.

and others , decided on 10.09.2019 (Annexure P-8), 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 respondent

No. 3 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 (Annexure P-7) 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.

(Tarlok Singh Chauhan), Judge.

(Jyotsna Rewal Dua)

Judge.

7 th January, 2020, ( vs)