Urmila Devi vs State of U.P. and Others

We have been called upon to decide an important question likely to affect the eligibility of a large number of persons either seeking employment or serving in the State of U.P. on clerical posts, namely question, whether the ''Prathma'' and ''Madhyama'' examinations conducted by the Hindi Sahitya Sammelan, Allahabad (an examining body) are equivalent to High School, and Intermediate examinations conducted by the Board of High School and Intermediate Education, U.P. It is alleged that the petitioner got compassionate appointment as a Clerk on the basis of the ''Madhyama'' certificate awarded to her by the Hindi Sahitya Sammellan, Prayag. By the impugned order dated 25.9.2008, it was found that the certificate is not equivalent to Intermediate examination and thus the petitioner was not found to be eligible to hold the post of Clerk. Learned Single Judge has found that the Madhyama examination of Hindi Sahitya Sammelan, Prayag is not equivalent to the Intermediate examination of the Board of High School and Intermediate Education, U.P.

Shri B.N. Singh has relied upon a judgment delivered by learned Single Judge (Hon''ble R.K. Agrawal, J.) in Writ Petition 2248 of 2001 Committee of Management, Krishna Vidhya Mandir High School, Kabaraut, District Muzaffarnagar and Anr. v. Joint Director of Education and Ors. dated 25.1.2001, in which he found on the basis of a Government Order dated 22.8.1998, that the Prathama and Madhyama examinations are equivalent to the High School and Intermediate examination.

Shri J.K. Tiwari, learned Standing Counsel was required to find out and to inform the Court whether these examinations have been treated to be equivalent to High School and Intermediate. He has produced a letter signed by Shri O.D. Singh, Deputy Secretary (Board) dated 8.11.2010 clarifying, that these examinations were not declared as equivalence to High School and Intermediate examinations, and that there is no current Government Order (Adhavadhi) to give them equivalence.

Shri J.K. Tiwari has relied upon judgment of learned Single Judge in Writ Petition No. 8579 of 1992 Kunwar Herash Saran Saxena v. State of UP and Ors. in which learned Single Judge (Hon''ble Arun Tandon, J) held that nothing was brought on record to establish that the certificates possessed by the petitioner from Hindi Sahitya Sammellan were ever recognised to equivalent examination by the Governor of the State. In another judgment of learned Single Judge (Hon''ble Ashok Bhushan, J.) dated 23.1.2008 in Writ Petition No. 348/2008, the issue was examined and it was found with reference to the BTC correspondence course that the examinations conducted by the Hindi Sahitya Sammellan are equivalent to the standard Hindi upto that examination, but that they are not equivalent to the degrees and certificates issued by the Board or the University. In Writ Petition No. 45783 of 2002 Sarojani Pandey (Smt.) v. State of UP and Ors., decided on January 22, 2003, Hon''ble Anjani Kumar, J. specifically dealt with this question and held that the Government Order dated 22.8.1998 was withdrawn by the Government order dated 28.10.1998 and thus the Prathama and Madhyama examinations are not equivalent to High School and Intermediate examinations.

The Government Order dated 28.10.1998 has not been brought on record.

In Writ Petition No. 45866 of 2007 Manish Kumar v. State of UP and Ors. Hon''ble Ran Vijai Singh, J held that the Prathama certificate given by the Hindi Sahitya Sammellan, Allahabad is not equivalent to the High School examination. He relied upon Rajasthan Pradesh V.S. Sardarshahar and Another Vs. Union of India (UOI) and Others, in which the Supreme Court, while examining the degree of Vaidya Visarad, held that Hindi Sahitya Sammellan is neither a University/Deemed University nor an Educational Board. It is a Society registered under the Societies Registration Act. There is no school or college imparting education in the Sammellan and that for the purposes of medical degrees it has got no recognition from the Statutory Authority after 1967.

As against the judgment of Hon''ble R.K. Agrawal, J. there are four later Single Judge judgments deciding the issue against the petitioner. We, however, find that the State Government has not given a clear and unambiguous stand on the equivalence in any of the aforesaid cases. It is thus appropriate to direct the State Government to file a comprehensive affidavit enclosing all the Government orders including the letter of Shri O.D. Singh dated 8.11.2010 produced today and the Government Orders dated 22.8.1998 and 28.10.1998 to clarify whether the Prathama and Madhyama examinations were and are still treated to be equivalent to the High School and Intermediate examinations of the Board of High School and Intermediate Education, U.P. The affidavit enclosing the aforesaid materials shall be filed within three weeks.

List on 7.12.2010. A copy of the order be given to the Chief Standing Counsel.