- (1.) By this writ petition, following prayers have been made: In these circumstances, it is, therefore, prayed that this Hon'ble Court may pleased to accept this writ and the respondents may kindly be directed to treat the certificate of clearance of secondary examination by the petitioner from respondent Council of Secondary Education, Maholi equivalent to the certificate of clearance of secondary examination from the Board of Secondary Education, Ajmer by issuing appropriate writ or direction or order in the interest of justice. Respondents be further directed by issuing writ of mandamus for giving the appointment on the post of Forest Guard in pursuance to the selection of the petitioner and being stood at No. 1 in merit list, with all consequential benefits. Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner. The paras quoted above show prayer to treat certificate of secondary obtained from Council of Secondary Education, Mohali equivalent to certificate of secondary examination from Board of Secondary Education, Ajmer. A further prayer is for appointment on the post of Forest Guard pursuant to selection made by respondents.
(2.) It is stated by learned counsel that petitioner pursued his studies and qualified secondary examination course from Council of Secondary Education, Mohali (for short "the Council"). After obtaining said qualification, he applied for the post of Forest Guard pursuant to advertisement issued by the respondents. The petitioner stood in merit yet was not given appointment. After great efforts, petitioner could know that denial of appointment is for want of validity of qualification of secondary obtained by petitioner from Council of Secondary Education, Mohali. Referring to the document at Annex. 2 issued by the Council of Secondary Education, Mohali, it is stated that aforesaid is Society registered under the Society Registration Act 21 of 1860. The certificate given by the Council is even recognized by Jamia Urdu Aligarh apart from other institutions in State of Andhra Pradesh. A reference has also been given regarding appointment of those, who obtained qualification from Council of Secondary Education, Mohali. Accordingly, prayer is made to direct the respondents to recognize Council of Secondary Education, Mohali so as the qualification obtained by the petitioner. A writ petition has also been filed by the Council before the Hon'ble Punjab and Haryana High Court so as before this Court. Notices on the writ petitions have been issued and are pending before the Courts.
(3.) Learned counsel appearing for the Board of Secondary Education, Ajmer, on the other hand submits that Council of Secondary Education, Mohali is not a recognized institution. The application made by the Council of Secondary Education, Mohali was taken up for consideration by the Board. It has now came to the notice that similar issue has already been decided by this Court in the case of State of Rajasthan & Ors. vs. Firdos Tarannum, 2006 1 RajLW 827. It is in regard to Jamia Urdu Aligarh. The status of two institutions, namely, Jamia Urdu Aligarh and Council of Secondary Education, Mohali is not different. An institution can grant degree if it is an University or an affiliated college. In the same way, it could be done by a State Board of Secondary Education and its affiliated schools. The Council of Secondary Education, Mohali is neither a Board of Secondary Education nor an University. It is not recognized by any State Board of Secondary Education or University. The examination of students is conducted by the Council of Secondary Education, Mohali itself. Thus, it is not controlled by State Board of Secondary Education or by University. Merely for the reason that it is a Society registered under Societies Act does not mean that education imparted by them is to be treated as recognized.;