- (1.) HEARD Mr A.Z. Siddiqui, learned counsel for the petitioners as well as learned Additional Chief Standing Counsel.
(2.) THROUGH the instant writ petition, the petitioner has assailed the order dated 28.4.2012, passed by the Principal District Institute of Education and Training, Hardoi whereby the petitioners' selection in B.T.C. Training Course 2010 -11 has been cancelled on the ground that the education provided by Gurkul University Vrindavan Mathura, which is said to be equivalent of High School has been held to be fake one by means of order dated 13.10.2011, passed by this Court in Special Appeal No. 1990 of 2011.
(3.) LEARNED counsel for the petitioners submits that the controversy involved in the matter has been set at rest by the Full Bench of this Court in the case of Dhanpal Vs. State of U.P. and others, 2013 4 UPLBEC The following questions were referred by the Hon'ble Single Judge to the Full Bench for answer; " Judgment in the case of Akanksha Gautam Vs. State of U.P. and others,20112 6 ADJ 107, has not at all taken into consideration, the judgment delivered in Special Appeal No. 1990 of 2011 ( Indrawati Devi Vs. State of U.P. and others) decided on 13.10.2011 whereas aforesaid judgment in question has been delivered on 30.3.2012. Both the judgments are running in different direction adopting different set of reasoning for arriving at definitive conclusion, in view of this it would be much more appropriate that this matter, in view of this it would be much more appropriate that this matter be referred to Larger Bench to examine. (I)As to whether view taken in case of Akanksha Gautam Vs. State of U.P. and others, 2012 6 ADJ 107is correct view or (II)as to whether view taken in Special Appeal No.1990 of 2011( Indrawati Devi Vs. State of U.P. and others) decided on 13.10.2011 is correct view. Let the papers be laid before the Hon'ble the Acting Chief Justice for constituting the Larger Bench, in this regard." The Full Bench answered aforesaid questions in the following manner, " In view of the discussion made above, we answer the reference thus: (a) Adhikari Pariksha Certificate issued by the Gurukul Vishwavidyalaya, Vrindavan, Mathura, up to the year 2008,i.e, till it was recognized by the U.P. Board or High School and Intermediate Education as equivalent to High School, obtained with English as one of the subject, and passed in one year, is a valid qualification equivalent to High School regardless of Gurkul having been declared a fake University by the UGC. (b) The decision of the Division Bench in Special Appeal No.1990 of 2011 dated 13.10.2011 ( Indrawati Devi Vs. State of U.P. and others), which holds that " Adhikari pariksha" Certificate obtained from Gurkul Vishwavidyalaya, Vrindavan, Mathura cannot be held to be a valid degree, does not lay down the correct view.";