- (1.) This special appeal filed by the petitioner-appellant is directed against the judgment and order of the learned Single Judge dated 22.4.2015. The learned Single Judge under the order impugned has dismissed with writ petition after recording that the petitioner claims to have obtained a certificate of Adhikari Pariksha conducted by Gurukul Vishwa Vidyalaya, Vrindavan, Mathura, equivalent to High School examination. On verification of the said certificate by the Vice-Chancellor of the said University, it had been reported that the certificate was forged. The Hon'ble Single Judge has held that the petitioner is not justified in contending that the Vice-Chancellor has no authority to verify the certificate. It has been found that there is no motive attributed to the Vice-Chancellor for supplying any incorrect information.
(2.) Shri R.K. Ojha, Senior Advocate assisted by Shri Gaurav Sarkar, Advocate submitted before us that a Full Bench of this Court in the case of Dhan Pal and others v. State of U.P. and others,2013 8 ADJ 723, has held that the Adhikari Pariksha Certificate issued by the Gurukul Vishwa Vidyalaya, Vrindavan Mathura, prior to 2008 are to be treated as valid for all practical purposes and equivalent to High School Examination. The certificate of the petitioner is of the year 2004. He thereafter appeared in the Intermediate examinations as well as in the Graduation Degree Course of Mahatma Jyotiba Phule Rohilkhand University, a University established under the U.P. State Universities Act, therefore, the order of the learned Single Judge in ignorance of the said facts is not justified. He also submitted that verification has been obtained behind the back of the petitioner-appellant.
(3.) At the very outset we may record that we find ourselves unable to completely agree with the reasons recorded in the Full Bench judgment of this Court in the case of Dhan Pal and others v. State of U.P. and others . If the decision of the present special appeal would have hinged on the correctness or otherwise of the said judgment only, we would referred the matter to a Larger Bench. In our opinion the recognition which was granted by the Board of High School and Intermediate Examinations to the Adhikari Pariksha under Part II-B, Chapter XIV, Regulation 2(30) of the Regulations framed under the Intermediate Education Act, 1921 was with reference to the examinations conducted by the Gurukul Vishwa Vidyalaya, Vrindavan, Mathura. Once the said Gurukul Vishwa Vidyalaya had been declared to be a fake University, all the certificates issued by the said University would be rendered fake and mere deletion of the word "Vishwa Vidyalaya" from the name of the said institution will not have the effect of curing the patent illegality.;