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Himachal Pradesh High Court · body

2009 DIGILAW 830 (HP)

RAMESH KUMAR v. STATE OF H. P.

2009-10-06

DEEPAK GUPTA, V.K.AHUJA

body2009
JUDGMENT Deepak Gupta, J.(Oral): This writ petition is directed against the order passed by the H.P. State Administrative Tribunal rejecting the Original Application filed by the present petitioner. 2. The case of the petitioner is that he has obtained qualification of BTC/JBT from Gandhi Hindi Vidya Peeth, Allahabad and, therefore, he should be considered to have qualified the JBT Course. The stand of the State is that the Gandhi Hindi Vidya Peeth, Allahabad is not a recognized University/Institution. Before the Tribunal, reliance was placed by the petitioner only on a document which gave the names of all those Institutions which had been derecognized. On this basis, it was argued that since the name of the Gandhi Hindi Vidya Peeth, Allahabad does not find mention in this document, the same cannot be said to be derecognized. This argument is totally fallacious. There can be derecognition of an Institution only after it has been recognized. If an Institution has never been recognized, the question of issuing notification ordering its derecognition does not arise. 4. The petitioner has failed to place any document on record to show that the Gandhi Hindi Vidya Peeth, Allahabad is a recognized University or Institution to run the JBT Course. In fact the respondent State alongwith its reply has attached a letter, dated 9.8.1994, issued by the Director of Education enclosing therewith a list of fake Universities issued by the University Grants Commission. The name of the Gandhi Hindi Vidya Peeth, Allahabad finds mention in the said list. It is apparent that this University is a fake University. The petitioner has failed to prove that the Institution from which he has done the JBT Course was a recognized Institution and in fact the respondent State has placed material on record to show that the Gandhi Hindi Vidya Peeth, Allahabad is a fake Institution. Therefore, the certificate issued by such Institution has no validity whatsoever. 5. In view of the above discussion, there is no merit in the writ petition, which is accordingly dismissed.