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GURUKUL VISHWAVIDYALAYA VRANDAVAN MATHURA, UTTAR PRADESH

Mr. Ranjan Singh, learned counsel for the petitioner submits that the Deputy Commissioner, Godda has illegally and arbitrary cancelled the appointment of the petitioner, without any cogent reason. The reason assigned by the respondent No. 2 is not tenable in the eyes of law. In course of his argument, learned counsel draws the attention towards Annex. 6 (dated 7 th June, 2005) to the writ petition, which is a letter of the under Secretary to the Govt. of India, which clearly shows that the said certificates issued by the Gurukul Vishwavidyalaya, Vrindavan, Mathura has been recognized as equivalent to Intermediate. The Under Secretary, in his reference to the said letter, stated that Pandit examination is equivalent in Senior Secondary Examination in the General Educational setup. Learned counsel for the petitioner further submits that in view of the said letter, it cannot be said that the intermediate certificate, submitted by the petitioner, is fake and forged and not recognized and as such, in view of the letter of Under Secretary, Govt. of India, order dated 08.10.2012 is not tenable in the eyes of law and as such is liable to be quashed and set aside. Per contra, counter-affidavit has been filed. Mr. Atanu Banerjee, learned counsel for the respondents vehemently opposes the contentions of the learned counsel for the petitioner and submits that in view of Annex.-A to the counter-affidavit, which is a public notice dated 2nd September, 2012, it is crystal clear that the name of the University/ College i.e. Gurukul Vishwavidyalaya, Vrindavan, Mathura, U.P. figures at Sr. No. 21 and vide that notification, it has been mentioned that said college is not recognized by UGC and it cannot be termed to be a University. In view of the said notification, there is no illegality in the impugned order as the Institute /College from which, the petitioner obtained its certificate is a fake and not recognized by the UGC. The appointment of the petitioner cannot be held to be justified and rightly it has been dismissed. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. The impugned order has been passed on 08.10.2012, without considering Annex. 6 to the writ petition. It is apparent from Annex. 6 that Gurukul Vishwavidyalaya, Vrindavan, Mathura has been recognized and as equivalent to Intermediate examination by the State Govt. as well as by the Central Govt. This aspect of the matter was not considered by the respondents, while passing the order dated 08.10.2012, if the same ought to have been considered, then this order would not been passed. The matter relates to Intermediate Certificate and not any higher educational certificate. So far recognition of intermediate courses are concerned, it is the State Govt. who gives such recognition to the University and UGC is nowhere concern with the same, which is also apparent from the letter dated 7th June, 2005. In view of Annex. 6 to the writ petition, the order dated 08.10.2012 is not sustainable in the eyes of law. Resultantly, it is quashed and set aside..

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