ORDER (ORAL):
(Writ Petition under Articles 226 of the Constitution of India)
1. Heard learned counsel for the parties.
2. By this petition, the petitioner seeks to challenge the legality and validity of the order dated 29-6-2011 (Annexure - P/1) and further seeks a direction to the respondent No.2 to allow the petitioner to appear in 12th class examination scheduled to be started from 6-7-2011.
3. According to the petitioner, after passing the class 10th examination from Maa Annadhary Higher Secondary School, Paharia, District Janjgir-Champa, duly affiliated with the Board of Higher Secondary Education, Delhi, the petitioner made frantic efforts to take admission in further classes, but she was denied admission on the ground that her class 10th certificate is of Board of Higher Secondary Education, Delhi, whose recognition has been cancelled by the respondent Board from 16-6-2009.
4. Being aggrieved by the said inaction on the part of the respondent authorities, earlier the petitioner preferred a petition before this Court being W.P. (C) No.1499/2011, which was decided by order dated 9-5-2011 and directed the respondent Chhattisgarh Board to permit the petitioner for her admission to the course and participate in class 12th examination. Accordingly, the petitioner moved an application for admission before the respondent authorities. Thereafter, the respondent No.2 directed the petitioner to fill up the examination form by 15-6-2011, which was duly complied with by the petitioner along with fees of Rs.1400/-. Subsequently, the admission card was issued, however, all of a sudden by the impugned order dated 29-6-2011 the admission card was cancelled and the petitioner was denied admission in the examination of class 12th scheduled to be started from 6th July, 2011 on a technical ground that no specific direction was given by this Court in W.P. (C) No.1499/2011 to the respondent No.2. Thus, this petition.
5. Learned counsel appearing for the petitioner submits that the impugned order is illegal, arbitrary and bad in law and also hit by the postulates of Articles 14 and 21 of the Constitution of India. The impugned order is based upon a technical ground, thereby without any rhyme or reason, debarring the petitioner from appearing in the examination of class 12th after allowing her admission with open eyes and getting fees from her. After grant admission, ticket, the petitioner cannot be debarred from appearing in the examination.
6. Shri Sharma, learned counsel appearing for the petitioner further submits that the respondent No.2 has recognized class 10th certificate of the CG Board of Secondary Education. Since this Court in Sandhya Tawadkar v. State of Chhattisgarh and Others (petition filed by the petitioner herein) and other connected matters held that the certificate issued by the Delhi Board before 16-6-2009 was valid and thereafter it was derecognized. Accordingly, the respondent No.3 was directed to admit the petitioner in class 12th examination, as she had obtained class 10th certificate from Delhi Board before 16-6-2009. Thus, on that basis the respondent No.2 cannot deny admission to class 12th examination conducted by the respondent No.2. Learned counsel placed reliance upon the decision of the Supreme Court rendered in Suresh Pal and others v. State of Haryana and Others.
7. This Court in Ebenezer Samarth Prakash and Others v. State of Chhattisgarh and Others and other connected matters has considered the issue asto whether the respondent No.2 may be directed to recognize the class 10th examination certificate issued by the Delhi Board. This Court came to the conclusion that since the Board of Higher Secondary Education, Delhi, was never recognized by the respondent No.2 for Open School Education Programme, no such direction can be issued to the respondent No.2, to recognize class 10th certificate issued by the Board of Secondary Education, Delhi.
8. The respondent No.2 recognized certain Boards for the purpose of equalization. The certificate issued by the Chhattisgarh Board of Secondary Education was recognized for the purpose of equalization. Stand of the respondent No.2 is clear that the Delhi Board was never recognized by the respondent No.2 for the purpose of equvalisation and the same is not controverted by the petitioner.
9. List of recognized Board are as under:
NIOS-LIST OF RECOGNISED BOARDS OF SECONDARY AND SENIOR SECONDARY EDUCATION
| STATE | NAME OF THE BOARD | Place |
| ANDHRA PRADESH | Andhra Pradesh Board of Intermediate Education Andhra Pradesh Board of Secondary Education AndhraPradesh Open SchoolSociety, SCERT Campus | HYDERABAD HYDERABAD HYDRABAD |
| ASSAM | AssamHigher Secondary Education Council AssamBoard of Secondary Education | Bamunimaidan GUWAHATI GUWAHATI |
| BIHAR | BiharIntermediate Education Council BiharSchoolExamination Board BiharSanskrit Shiksha Board | PATNA PATNA PATNA |
| CHHATTISGARH | Chhattisgarh Board of Secondary Education | RAIPUR |
| GOA | GoaBoard of Secondary and Higher Secondary Education | GOA |
| GUJRAT | Gujrat Secondary and Higher Secondary Education | GUJRAT |
| HARYANA | Haryana Board of Education HaryanaOpen School | Hansi Road BHIWANI BHIWANI |
| HIMACHAL PRADESH | Himachal Pradesh Board of School Education | DHARAMSHALA |
| JAMMUand KASHMIR | J and KStateBoard of School Education J and KState Open School | JAMMU SHRINAGAR |
| JHARKHAND | Jharkhand Academic Council | RANCHI |
| KARNATAKA | Karnataka Board of the Pre- University Education Karnataka Secondary Education Examination Board KarnatakaOpen School, J.S.S. Maha Vidya Peeth | BANGALORE BANGALORE MYSORE |
| KERALA | Kerala Board of Public Examinations, Pareeksha Bhawan Kerala Board of Higher Secondary Education KeralaState Open School | THIRUVANANTHPU RAM THIRUVANANTHPU RAM THIRUVANANTHPU RAM |
| MAHARASHTRA | MaharashtraState Board of Secondary and Higher Secondary Education | PUNE |
| MADHYA PRADESH | Madhya Pradesh Board of Secondary Education M.P.State Open School | BHOPAL BHOPAL |
| MANIPUR | Manipur Council of Higher Secondary Education Manipur Board of Secondary | IMPHAL IMPHAL |
| MEGHALAYA | Meghalaya Board of School Education | MEGHALAYA |
| MIZORAM | Mizoram Board of School Education Chaltlan | AIZAWL |
| NAGALAND | Nagaland Board of School Education | KOHIMA |
| ORISSA | Orissa Council of Higher Secondary Education Orissa Boar of Secondary Education | BHUBANESHWAR CUTTACK |
| PUNJAB | PunjabSchoolEducation Board | MOHALI |
| RAJASTHAN | Rajasthan Board of Secondary Education RajasthanState Open School | AJMER JAIPUR |
| TAMIL NADU | Tamilnadu Board of Secondary Education Tamilnadu Board of Higher Secondary Education | CHENNAI CHENNAI |
| TRIPURA | Tripura Board of Secondary Education | AGARTALA, TRIPURA WEST |
| UTTARPRADESH | U.P.Board of High School and Intermediate Education | ALLAHABAD |
| UTTARAKHAND | Uttaranchal Shiksha Evin Pariksha Parishad, Ramnagar | NANITAL |
| WESTBENGAL | West BengalBoard of Secondary Education West BengalCouncil of Higher Education Rabindranath Mukta Vidyalaya (W.B. State Open School) | CALCUTTA CALCUTTA CALCUTTA |
| ALL INDIA BOARDS | National Institute of Open Schooling (formerly National Open School) Central Board of Secondary Education Council for Indian School Certificate Examinations | NEW DELHI DELHI NEW DELHI |
| OTHER INSTITUTES RECOGNIZED FOR SECONDARY EDUCATION | Rashtriya Sanskrit Sansthan Gurukul Kangri Vishwavidhyala Directorate of Army Education AligarhMuslim University Jamia Miliya Hamdard University Banasthali Vidyapith Banasthali | NEW DELHI HARIDWAR NEW DELHI ALIGARH RAJASTHAN |
10. The Supreme Court, recently in Chairman, Bhartia Education Society and Another v. State of Himachal Pradesh and Others, has defined the 'recognition' and 'affiliation' as under:
"19. The purpose of 'recognition' and 'affiliation' are different. In the context of NCTE Act, 'affiliation' enables and permits an institution to send its students to participate in the public examinations conducted by the Examining Body and secure the qualification in the nature of degrees, diplomas, certificates. On the other hand, 'recognition' is the licence to the institution to offer a course or training in teacher education. Prior to NCTE Act, in the absence of an apex body to plan and co- ordinate development of teacher education system, respective regulation and proper maintenance of the norms and standards in the teacher education system, including grant of 'recognition' were largely exercised by the State Government and Universities/Boards. After the enactment of NCTE Act, the functions of NCTE as 'recognising authority' and the Examining Bodies as 'affiliating authorities' became crystallized, though their functions overlap on several issues. NCTE Act recognizes the role of examining bodies in their sphere of activity."
11. In Suresh Pal (supra), the students were granted admission on the basis of recognition by the Government of Haryana, which was derecognized. The Supreme Court held that the recognition would continue, as they were admitted on the basis of recognition granted earlier, which was withdrawn subsequently. The facts in the instant case are altogether different, thus, the matter of Suresh Pal (supra) is distinguishable on the facts of the present case.
12. For the reasons and analysis mentioned hereinabove and applying the well settled principles of law to the facts of the present case, the writ petition, being bereft of merit, is liable to be and is hereby dismissed. No order as to costs.