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Shri Bharat Mandir School Society v. State and Others

Uttarakhand HC18 Dec 2008WPMS/2183/2008

Case brief

AI extract

What is this about?

The High Court of Uttarakhand, by an order dated 18.12.2008, summarily disposed of a writ petition. The petitioner, a registered society conducting Nursery Teachers Training, sought direction to hold examinations for the year 2007-08. The court directed the Uttarakhand School Education Board to hold the examinations for that specific year. The interim relief application was also disposed of.

What did the court decide?

Directed the Uttarakhand School Education Board to hold the examination of NTT for the year 2007-08. Disposed of Interim relief application No. 8585 of 2008.

Shri Bharat Mandir School Society Vs State and… — Service and Employment | Uttarakhand HC (2008)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition No. 2183 of 2008 (M/S)

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Shri Bharat Mandir School Society (Registered) Rishikesh through its Secretary Harsh Vardhan Sharma.

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….....Petitioner.

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Versus

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State of Uttarakhand through

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Secretary, School Education

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Dehradun.

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Director of School Education

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Dehradun.

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Additional Director of S.C.R.T.

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Narendra Nagar, Tehri Garhwal.

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Secretary, Uttarakhand

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School Education Board

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Ramnagar, District Nainital.

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……….Respondents.

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Shri Dinesh Gahatori, Advocate for the petitioner. Shri K.P. Upadhyaya, learned Addl. Chief Standing Counsel for respondents No. 1, 2 and 3. Shri V.K. Kaparwan, Advocate, for respondent No. 4.

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Hon’ble Prafulla C. Pant, J.

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Heard learned counsel for the parties.

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By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondents to hold examination for first year and second year for Nursery Teachers Training course, which is being conducted by the petitioner institute.

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Learned counsel for the petitioner submitted that the petitioner, a registered society under Societies Act, had recognition from National

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Council for Teachers Education (NCTE) to impart Nursery Teachers Training (NTT). In pursuance to the recognition, State Government permitted vide letter dated 23.08.2008 to the petitioner to start the aforesaid training course. The trainees are undergoing the training but their examination is not being held by respondent No. 4 i.e. Uttarakhand School Education Board.

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Learned counsel for respondent No. 4 drew attention of this Court to Government Order No. 890/XXIV(1) 2008-6/2007, dated 22.08.2008 (copy of which is annexure-14 to the writ petition) and contended that the Board is not authorized to hold the examination.

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Perusal of the aforesaid Government Order, clearly shows that the Board is directed not to hold the examination only from the year 2008-09 onward. The petitioner’s case is that the trainees who were undergoing training in the petitioner institution, are waiting for their first year examination and second year examination, which were due to be held for the year 2007-08. As such, the plea taken by the Board (respondent No. 4) that it is not authorized to hold the examination for the year 2007-08, is erroneous in law.

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Therefore, this writ petition is summarily disposed of directing the respondent No. 4 to hold the examination of NTT for the year 2007-08

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only. (Interim relief application No. 8585 of 2008, also stands disposed of).

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(Prafulla C. Pant, J.) Dt. 18.12.2008

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Sweta

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Shri Bharat Mandir School Society v. State and Others

Case brief

What is this about?

What did the court decide?

Shri Bharat Mandir School Society v. State and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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