- (1.) 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.
(2.) 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/s. 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.
(3.) 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.;