- (1.) CYRIAC Joseph, C. J. This appeal is filed against the judgment dated 01-08-2005 in Writ Pe tition No. 530 of 2005 (M/s ). The appellant-Uttaranchal Education and Ex amination Board is the second re spondent in the writ petition. The peti tioners in the writ petition are respond ents Nos. 1 to 6 in the appeal.
(2.) THE writ petitioners have passed the Secondary Examination conducted by the National Open School, New Delhi in the year 2003. After passing the said Examination, writ petitioner No. 5 took admission as a regular stu dent in Arya Kanya Inter College, Kotdwar for the Intermediate Course. THE other writ petitioners pursued the Intermediate Course as private candi dates. All the writ petitioners applied for admission to the Intermediate Exami nation conducted by the Uttaranchal Education and Examination Board in April, 2005. It was noticed that all the writ petitioners had obtained the certifi cate from the National Open School by appearing and passing only in five sub jects. Hence, the writ petitioners were allowed to appear in the examination subject to the condition that they should pass in one more subject from the National Open School and that the result of their examination will be de clared only after they passed in the sixth subject. Though the writ petitioners ap peared in the examination subject to the above-mentioned condition, there after they filed the writ petition praying for a direction to respondent No. 2 (ap pellant herein) to declare the result of the petitioners in the Intermediate Ex amination, 2005. The second respond ent filed a counter affidavit contesting the claim of the writ petitioners and justifying the stand of the second re spondent on the basis of Regulation 2 (70) in Chapter XIV of the Regulations framed under the Intermediate Educa tion Act, 1921. It was contended that as per the said Regulation 2 (70), Sec ondary (Madhyamik) Examination con ducted by National Open School, New Delhi was declared equivalent to the High School Examination of the Uttaranchal Education and Examina tion Board provided that the examina tion has been passed at least in six sub jects. After considering the rival conten tions, the learned Single Judge took the view that the petitioners were entitled to appear in the Intermediate Examina tion and directed the second respond ent (appellant herein) to declare the result of the petitioners within a week from the date of production of a certi fied copy of the judgment. For taking the above view, the learned Single Judge relied on a letter dated 30-0/-2002 from the Additional Secretary Secondary, Education De partment of the Government of Uttaranchal to the Director of Educa tion (Secondary and Basic) clarifying that the National Open School, New Delhi is an institution recognized by the Government of India and that the ex amination passed from the said institu tion will be treated as an examination passed from a recognized institution. According to the learned Single Judge, in view of the above Government let ter, a candidate who passed the Sec ondary Examination conducted by the National Open School, New Delhi will be considered eligible for admission to the Intermediate Examination of the Uttaranchal Education and Examina tion Board even if he has not passed at least in six subjects. The learned Sin gle Judge has held that even though Regulation 2 (70) of Chapter XIV of the Regulations framed under the U. P In termediate Education Act, 1921 stipu lates that Secondary (Madhyamik) Ex amination conducted by National Open School, New Delhi will be treated as equivalent to the High School Exami nation of the Board only if the exami nation has been passed at least in six subjects, no such restriction has been imposed by the above-mentioned Gov ernment letter. According to the learned Single Judge, the Regulations are noth ing but a compilation in the nature of 'government Orders and therefore, not withstanding Regulation 2 (70), the above-mentioned Government letter is applicable to the case of the petition ers. Learned Single Judge has also held that, since the State of Uttaranchal has been created under the U. P Reorgani sation Act, 2000, Regulation 2 (70) of Chapter XIV of the Regulations framed under the U. P Intermediate Education Act, 1921 shall not apply in the mat ter. Aggrieved by the above findings and directions of the learned Single Judge, the second respondent in the writ petition, namely, Uttaranchal Edu cation and Examination Board has filed this special appeal.
(3.) THE U. P Intermediate Education Act, 1921 was enacted for the establish ment of a Board of High School and Intermediate Education. Section 7 of the said Act enumerates the powers of the Board. As per clause (4) of Section 7, the Board shall have power to rec ognize institutions for the purposes of its examinations and as per clause (5) of Section 7, the Board shall have power to admit candidates to its examinations. According to Section 15 (1) of the said Act, the Board may make regulations for the purpose carrying into effect the provisions of the Act. According to Section 15 (2) (c) and (e), the Board is empowered to make regu lations laying. down conditions of rec ognition of institution for the purposes of its examination and the conditions under which candidates shall be admit ted to the examinations of the Board and shall be eligible for diplomas and certificates. According to Section 16 (1), regulations under Section 15 shall be made only with the previous sanction of the State Government and shall be published in the Gazette. In exercise of the powers conferred by Section 15 of the said Act, the Government of U. P is sued the Regulations and they were published as envisaged under Section 16 (1) of the Act. Consequent on the creation of the new State of Uttaranchal, the Gov ernment of Uttaranchal issued a Noti fication No. 685/madhyamik/2002 dated 12-0/-2002 providing that the Regulations framed under the U. P In termediate Education Act, 1921 would be applicable in the State of Uttaranchal. A copy of the said Notifi cation dated 12-0/-2002 has been placed on record by the appellant as Annexure SA 1. In view of the above-mentioned notification, the Regulations contained in Chapter XIV of the Regu lations framed under the U. P Interme diate Education Act, 1921 are applica ble to the State of Uttaranchal. As per Regulation 1 in Chapter XIV of the Regulations, prior to admission to In termediate Examination or starting studies of prescribed course, it shall be necessary for each candidate to have passed the High School Examination or High School Technical Examination of the Board or examination declared equivalent to it (High School) by regu lation. As per Regulation 2, the exami nations mentioned therein are declared equivalent to the High School Exami nation of the Board for the purpose of making the candidates eligible for the study of prescribed course of Interme diate Examination. The examination f' mentioned in clause (70) under Regu lation 2" is the "secondary (Madhyamik) Examination conducted by National Open School, New Delhi; provided that this examination has been passed at least in six subjects". Thus, it is clear that the Secondary (Madhyamik) Examination conducted by the National Open School, New Delhi is entitled to be treated as equiva lent to the High School Examination conducted by the Uttaranchal Educa tion and Examination Board; provided that the said examination has been passed at least in six subjects.;