Disposed

Swarna Devi v. Hp Board of School Education and Anr.

Himachal Pradesh HC3 Dec 2021CWP/7311/2021

Case brief

AI extract

What is this about?

Civil Writ Petition filed seeking quashing of letter rejecting admission and directing appearance in a D.El.Ed examination. Court dismissed interim relief without adjudicating merits, directing the petitioner to approach Respondent 1 first with a representation.

What did the court decide?

Directed petitioner to approach Respondent 1 with a representation within one week; Respondent 1 to decide within one week thereafter.

Swarna Devi Vs Hp Board of School… — Education and Admissions | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 3^rd DAY OF DECEMBER 2021

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BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION No. 7311 OF 2021

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Between:-

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SWARNA DEVI D/O SH. VASDEV, W/O SH. SUNIL KUMAR, R/O VILLAGE BADERAH, POST OFFICE SOHARI, TEHSIL BANGANA, DISTRICT UNA, H.P.

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…..PETITIONER

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(BY SH. TEK CHAND, ADVOCATE)

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AND

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1. HIMACHAL PRADESH BOARD OF SCHOOL EDUCATION DHARAMSHALA, DISTT. KANGRA, THROUGH ITS SECRETARY

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2. SHANTY PG COLLEGE OF EDUCATION, KAILASH NAGAR (NAKROH), DISTRICT UNA, H.P. THROUGH ITS ADMINISTRATOR

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…..RESPONDENTS

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(SH. VINOD CHAUHAN, ADVOCATE, FOR R-1, SH. ASHOK VERMA, ADVOCATE, FOR R-2)

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_______________________________________________________

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This petition coming on for admission this day, Hon’ble

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Ms. Justice Sabina , passed the following:

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O R D E R

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Petitioner has filed the petition under Article 226 of the Constitution of India seeking following reliefs:-

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“i. That the letter dated 02-11-2021 (Annexure P-3) may kindly be quashed and set aside and respondents be directed to allow the petitioner to appear in the examination of D.El.Ed course.

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ii. That the respondent No.1 be directed to allow the respondent No.2 to admit the petitioner in the D.El.Ed course against the management quota and further allow the petitioner to appear in the examination of the D.El.Ed course.

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iii. That the respondent No.1 may very kindly be directed to consider the matter of petitioner on notional basis which will save two years of her studies.”

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2. Learned counsel for the petitioner has submitted that the petitioner was admitted in the course of Diploma in Elementary Education in October, 2020. Vide letter dated 11^th February, 2021, respondent No.2 had forwarded the name of the petitioner to respondent No.1 to allow her to appear in the examination against 10% management quota. However, the request of respondent No.2 has been rejected by respondent No.1.

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3. Learned counsel for respondent No.1 has submitted that the petitioner has approached this Court without approaching respondent No.1 at the first instance for redressal of her grievances. 4. Faced with this situation, learned counsel for the petitioner has submitted that at this stage, he would be satisfied in case the petitioner is permitted to move a representation before respondent No.1 and the same be ordered to be disposed of in a time bound manner.

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5. Accordingly, without adverting to the merits of the case, this petition is disposed of with a direction that in case petitioner approaches respondent No.1 by way of a representation within one week from today, the same be disposed of by respondent No.1 in accordance with law, within one week after receipt of the representation alongwith copy of this order. Pending miscellaneous application(s), if any, also stand disposed of.

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Copy dasti.

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( Sabina ) Judge

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( Jyotsna Rewal Dua ) Judge

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( vs/Mukesh)

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3^rd December, 2021

Swarna Devi v. Hp Board of School Education and Anr.

Case brief

What is this about?

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Swarna Devi v. Hp Board of School Education and Anr.

Case brief

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