Himachal Pradesh High Court
Nand Lal vs State Of Himachal Pradesh & Others on 8 January, 2021
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
HON'BLE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWPOA No.6492/2020
Decided on: 08.01.2021
.
Nand Lal ...Petitioner.
Versus
State of Himachal Pradesh & others . ..Respondents.
Coram
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Ms Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Tarun K. Sharma, Advocate.
For the respondents : Mr. Ashok Sharma, Advocate General
with Mr. Vinod Thakur, Mr. Vikas
Rathore, Mr. Shiv Pal Manhans,
Additional Advocates General, Mr.
Bhupinder Thakur, Ms. Seema Sharma,
& Mr. Yudhvir Thakur Deputy Advocate
Generals, for respondents No.1 & 2/State.
Mr. Anjali Soni Verma, Advocate, for
respondent No.3.
Mr. Pankaj Thakur, Advocate, for
respondent No.4.
(Through Video conferencing)
Tarlok Singh Chauhan, Judge (Oral)
The instant petition has been filed for the grant of
following reliefs:-
Whether reporters of the local papers may be allowed to see the judgment?
"(i) That the action of the respondents whereby they have cancelled
the candidature of the applicant for promotion to the post of Senior
Assistant solely on the ground that 10+2 of the applicant is from
Grameen Mukt Vidhayalaya Shiksha Sansthan (Respondent No. 4)
.
may kindly be quashed and set aside.
(ii) That the present OA may kindly be allowed and the
respondents may kindly be directed to consider the applicant for
promotion to the post of Senior Assistant as per the Seniority List."
2. The grievance of the petitioner is that his 10+2 Class
certificate issued by respondent No.4, Grameen Mukt Vidhyalayi
Shiksha Sansthan, is not being treated as valid certificate for the
purpose of promotion to the post of Senior Assistant.
3. The similar issue in respect of validity of the
certificate(s) issued by respondent No.4, Grameen Mukt
Vidhyalayi Shiksha Sansthan, has been adjudicated by this Court
in CWP No.849 of 2019, titled Priyanka Devi versus State of
Himachal Pradesh & others, decided on 10.09.2019, wherein,
it has been held that the said institute was duly recognized with
Himachal Pradesh Board of School Education during the period
01.12.2017 to 05.02.2019.
4. It is not in dispute that 10+2 Class certificate of the
petitioner (Annexure A-3), was issued by the Grameen Mukt
Vidhyalayi Shiksha Sansthan, during the aforesaid period
01.12.2017 to 05.02.2019. Therefore, the same is valid and
effective for all intents and purposes i.e. for promotion, applying
for government jobs or getting admission for higher education in
the State of Himachal Pradesh.
5. In view of the above, there shall be a direction to the
respondent-State to consider the 10+2 Class certificate of the
petitioner issued by Grameen Mukt Vidhyalayi Shiksha Sansthan,
.
as a valid certificate for promotion, applying to government jobs
or getting admission for higher education.
With the aforesaid observations/directions, the
instant writ petition stands disposed of, so also pending
miscellaneous application.
(Tarlok Singh Chauhan)
r Judge
(Jyotsna Rewal Dua)
Judge
January 08, 2020 (rohit)
