Societies registered under S.R.Act -1860 have no rights to conduct examination and issue certificates.

...Judgement of Hon’ble Allahabad High Court dt. 26-05-2017. Article published in

‘Jansatta’ 01-06-2017.

eLegalix - Allahabad High Court Judgment Information System (Judgment/Order in Text Format)

 This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Deputy Registrar(Copying).HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 21 

Case :- SPECIAL APPEAL DEFECTIVE No. - 630 of 2016 

Appellant :- District Basic Education Officer, Kannauj Respondent :- Smt. Sadhna Katiyar And 6 Others Counsel for Appellant :- Akhilesh Chandra Srivasta Counsel for Respondent :- Anoop Kumar Mishra Case :- SPECIAL APPEAL No. - 453 of 2016 Appellant :- Board Of Secondary Education Madhya Bharat Thru. Chairman Respondent :- Sanjay Kumar And 6 Others Counsel for Appellant :- Ashish Jaiswal Counsel for Respondent :- C.S.C.,Anoop Kumar Mishra,Sanjay Kumar Singh,Upendra Upadhyay Case :- WRIT - A No. - 28983 of 2016 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- Anoop Kumar Mishra Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh 

Hon'ble V.K. Shukla,J. Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the parties. Ref. Delay condonation application in Special Appeal Defective No.630 of 2016 For the reasons stated in the affidavit filed in support of the delay condonation

application, the delay is condoned and application is allowed accordingly. Present special appeal is treated to have been filed well within time. Ref. Special Appeals and writ petition District Basic Education Officer, Kannauj has filed Special Appeal Defective No.630 of 2016 under Chapter VIII Rule 5 of the Rules of the Court assailing the the validity of the judgment and order dated 3.3.2016 passed by learned Single Judge in Writ Petition No.63703 of 2015 (Smt. Sadhna Katiyar & Anr. v. State of U.P. & Ors.), whereby the writ petition was allowed with a direction to consider the candidature of the petitioners for appointment on the post of Assistant Teacher. The relevant portion of the judgment is quoted as under:- ".......In the present case, both the petitioners have obtained their certificates much before the de-recognition and they have also obtained their graduation degree from the University of State of U.P. and the respondents have allowed them to complete their B.T.C. course on the basis of the certificates obtained by them. They have also qualified their U.P.T.E.T. in the year 2013 & 2014 respectively. In view of the above, the impugned order dated 03.11.2015 insofar as the petitioners are concerned are set aside. It is accordingly set aside. The respondents are directed to consider the candidature of the petitioners for appointment on the post of Assistant Teacher in accordance with law expeditiously, preferably within three months from the date of communication of this order. The writ petition is accordingly allowed. No order as to costs." The Writ Petition No.28983 of 2016 has been filed by Sanjay Kumar for a direction to quash the decision of the respondent nos.5 and 6 dated 3.11.2015 by which the petitioner's candidature has been cancelled for the post of Assistant Teacher on the ground that he has obtained his intermediate certificate from the Board of Higher Secondary Education, Madhya Bharat Gwalior (M.P.). On the matter being taken up on 21.6.2016, learned Single Judge has proceeded to pass the following interim order in favour of the petitioner:- "The petitioner cleared his Intermediate in 2009 from the Board of Higher Secondary Education, Madhya Bharat, Gwalior, (M.P.). By the impugned order, his appointment has been cancelled on the ground that he did his Intermediate from the Board of Higher Secondary Eduction, Madhya Bharat, Gwalior, M.P. It is stated in the impugned order that the petitioner's name is at serial no.1 and the candidatures of two other candidates, namely Dheeraj Kumar and Smt. Sadhna Katiyar, who names are shown at serial no.2 and serial no. 4, in the impugned order, were also terminated on the same ground. They preferred a writ petition no. 63703 of 2015 (Smt. Sadhana Katiyar and another v. State of U.P. and 5 others) wherein this Court has set aside the impugned order on the ground that the aforesaid certificate of the Board of Higher Secondary Education, Madhya Bharat, Gwalior, M.P. has been de-recognized in the year 2011 and the said decision shall not be effective with the retrospective effect. The said certificate is on page 27 of the paper book. Learned Standing Counsel appears for respondent nos. 1, 3, 4 and 5 while Sri Sanjay Kumar Singh appears for respondent nos. 2 and 6. As prayed by them, six weeks time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. List after expiry of the aforesaid period. 

Till the next date of listing, the effect and operation of the impugned order dated 03.11.2015 passed by the respondent no. 6, in so far as the petitioner is concerned, shall remain stayed." Aggrieved with the interim order dated 21.6.2016 passed by learned Single Judge in the aforesaid writ petition, Board of Secondary Education Madhya Bharat, Gwalior through its Chairman Dr. Mahesh Chandravanshi has filed Special Appeal No.453 of 2016 under Chapter VIII Rule V of the Rules of the Court. It is submitted by the appellant-Board of Secondary Education Madhya Bharat, Gwalior that before passing the order dated 21.6.2016 it was not made party to the writ petition, therefore, it did not have any opportunity of being heard. It is submitted that the marksheet and certificates pertaining to High School and Intermediate submitted by the petitioner in the said writ petition are fake, forged and manufactured as the name of the Board is different from the petitioner's Board. The appellant board is duly recognized under the U.P. Intermediate Education Act, 1921 and equivalent to the secondary education examinations conducted by the Uttar Pradesh Madhyamik Shiksha Parishad till 8.3.2014. The mark sheet and certificates submitted by the petitioner with the said writ petition has been manufactured by a notorious gang involved in the office of providing fake and forged educational documents relating to High School, Intermediate, Graduation and other higher degrees to the candidates. In this backdrop, taking a serious view of the matter, a Division Bench of this Court has passed the following order on 26.7.2016:- "The issue with regard to the equivalence given by the State of Uttar Pradesh to the certificates granted by the Board of Higher Secondary Education, Madhya Bharat, Gwalior, Madhya Pradesh upto 2014 has been repeatedly engaging the attention of this Court. We are of the opinion that this controversy must be laid to rest once for all. The equivalence to the educational certificate by the Board of High School and Intermediate in the State of U.P. can only be given after being satisfied about the standards of education and the actual teaching imparted by the concerned board which cannot be mechanical. We, therefore, direct the Secretary Secondary Education Board, U.P. to file his personal affidavit after making such enquiry as may be required from the concerned department of the State of Madhya Pradesh. It has to be seen that the statutory board has been constituted under a valid piece of legislation. Further inquiry with regard to the competence of the Board of Higher Secondary Education Madhya Bharat, Gwalior, Madhya Pradesh to conduct any public examination as well as to issue pass certificates of class 10th and 12th, shall also be done. The Secretary shall, thereafter, express his opinion as to whether the certificate issued by the said Board can be granted equivalence to the certificate of class 10th and 12th conducted by the Madhyamik Shiksha Parishad, Allahabad, U.P. in the State of U.P. The Secretary shall also obtain information with regard to the authenticity of the persons entitled to act as the Secretary/Chairman of the Board, if it has any statutory character and further as to whether the certificates in which signature has been shown by such Board are valid. List this case on 08.08.2016. Parties are at liberty to file their respective affidavits independently regarding the issues raised above. 

Having regard to the seriousness of the issue, we provide that the effect and operation of the judgement and order of the learned Single Judge dated 21.06.2016 shall remain stayed, till 08.08.2016." Pursuant to the aforesaid direction issued by the Division Bench, Smt. Shail Yadav, Secretary, Madhyamik Shiksha Parishad, U.P. has filed her personal affidavit through Ms. Subhash Rathi, Standing Counsel, the relevant paragraphs of which are quoted as under:- "6. That an enquiry committee was constituted to judge the legality of examinations held by Board of Secondary Education Madhya Bharat, Gwalior. The enquiry committee consists of following members: (i) Rakesh Kumar, Deputy Secretary, Madhyamik Shiksha Parishad, Headquarter, Allahabad. (ii) Santosh Kumar Dev Pandey, Deputy Secretary, Madhyamik Shiksha parishad, Headquarter, Allahabad. (iii) Shri Ravi Prakash Srivastava, Senior Administrative Officer, madhyamik Shiksha Parishad, Headquarter, Allahabad. 7. That the aforesaid enquiry committee contacted Madhya Pradesh Government on 24.10.2016 regarding information of Board of Secondary Education, Madhya Bharat Gwalior. The Ministry of Madhya Pradesh Government, Education Board, Vallabh Bhawsan, Bhopal, through its Deputy Secretary informed vide Letter No.50-4/2015/20-3 Dated 24.10.2016, that no such Board of Secondary Education, Madhya Bharat, Gwalior was established vide any Government Order nor Chairman, Secretary or other employees are being appointed by the State Government. Nor it has been authorized to organize and conduct public examination for Class 10th and 12th or issue certificate regarding the same. Photostat copy of letter dated 24.10.2016 is being annexed herewith and marked as Annexure-1 to this affidavit. 8. That likewise the enquiry committee also contacted Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal. The Deputy Secretary of the Shiksha Mandal also apprised the enquiry committee vide letter/1123 dated 24.10.2016 that Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal has not provided any recognition or equivalence to the Board of Secondary Education Madhya Bharat, Gwalior nor any order, notification or advertisement or Government Order has been issued for granting equivalence to the Board of Secondary Education, Madhya Bharat, Gwalior for conducting examination of Class 10th and 12th. Photostat copy of letter dated 24.10.2016 is being annexed herewith and marked as Annexure-2 to this affidavit. 9. That apart from the aforesaid, the enquiry committee also went to the Registered Address N-13, Gandhi Nagar, Gwalior, M.P., as stated in the Special Appeal to enquire about the Board of Secondary Education, Madhya Bharat, Gwalior and its existence and status. On the aforesaid address the land owner apprised the enquiry committee that no such Board of Secondary Education, Madhya Bharat, Gwalior was running from his building about 3 years ago. its office was being run from its office which has already been transferred to other place and the land owner has also given legal notice for not using its address to the Board of Secondary Education, Madhya Bharat, Gwalior. Copy of Enquiry Report of the Committee as well as copy of statement of the land owner dated 25.10.2016 is being annexed herewith and marked as Annexure-3 & 4 respectively to this affidavit. 

10. That from the aforesaid facts and circumstances as adduced by the enquiry committee it is clear that no recognition is being granted by Government of Madhya Pradesh to Board of Secondary Education Madhya Bharat, Gwalior nor such recognition is being granted by Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, hence Board of Secondary Education, Madhya Bharat, Gwalior is not institution established under law nor its Chairman/ Secretary or other employees are appointed by the Government of Madhya Pradesh nor the appellant Board of Secondary Education, Madhya Bharat is authorized in any manner to conduct examination of Class 10th and 12th or issue certificates for the same. 11. That it is also relevant to submit here that Secondary Education Board, U.P. is constituted in the year 1921 under Intermediate Education Act, 1921. Since then the examination of High School and Intermediate are being conducted by the Board. In Chapter XII and XIV the equivalence of High School and Intermediate Examination is being granted for the examination conducted by any other examination board. But vide order dated 5.3.2014 name of the appellant institution has been expunged and has never been recognized nor its certificates and degree are granted equivalence. 12. That in view of the facts and circumstances stated aforesaid, in the present scenario the appellant are not in existence, statusless. It is also relevant to state here that due to inadvertence the name of appellant remained in the record of Intermediate Education Act but the same has been removed vide Notification dated 5th March, 2014. Photostat copy of order dated 5.3.2014 is being annexed herewith and marked as Annexure-5 to this affidavit. 13. That as per the Education Board it is submitted in the Intermediate Education Act: ek/;fed f'k{kk ifj"kn dk xBu o"kZ 1921 essa b.VjehfM,V f'k{kk vf/kfu;e 1921 ds v/khu fd;k x;k FkkA ifj"kn }kjk rHkh ls gkbZ Ldwy rFkk b.VjehfM,V ijh{kkvksa dk lapkyu fd;k tk jgk gSA ifj"kn fofu;eksa ds v/;k; ckjg rFkk pkSng esa ifj"kn dh gkbZLdwy rFkk b.VjehfM,V ijh{kkvksa dh led{krk ns'k ds vU; f'k{kk cksMksZ rFkk vU; ijh{kk laLFkkvksa }kjk lapkfyr blh Lrj dh ijh{kkvksa ds led{k ?kksf"kr dh xbZ gSA dfri; ijh{kk laLFkk;sa orZeku ifjizs{; esa vfLrRoghu gks x;h gS rFkk dqN ijh{kk laLFkk;sa fons'kksa ;Fkk Jhyadk] ikfdLrku] ckaXykns'k vkfn esa fLFkr gSA o"kZ 1952 ds iwoZ fnYyh rFkk ns'k ds vU; izkUrksa esa dbZ cksMZ ;Fkk ek/;fed f'k{kk ifj"kn fnYyh] cksMZ vkQ gk;j lsds.Mjh ,twds'ku fnYyh] cksMZ vkQ lsds.Mjh ,twds'ku e/; Hkkjr ljdkj }kjk o"kZ 1951 esa lsUVz~y cksMZ vkQ lsds.Mjh ,twds'ku] ubZ fnYyh dh LFkkiuk fd;s tkus ds i'Pkkr rRle; izpfyr vU; lHkh f'k{kk ifj"knksa dk vfLrRo lekIr gks x;kA lkFk gh Hkkjr ljdkj }kjk ns'k ds jkT;ksa dk iquZxBu fd;s tkus ds i'pkr lHkh jkT;ksa esa fof/k }kjk ( Establishment by law) f'k{kk ifj"knksa dh LFkkiuk dh xbZ A ijUrq ifj"kn fofu;eksa esa bldk mYys[k cuk jg x;kA ifj"kn fofu;eksa esa mYys[k cus jgus ds dkj.k dfri; ijh{kk laLFkk;sa ftudk mYys[k fofu;eksa esa cuk jg x;k] vkt Hkh ijh{kkvksa dk

lapkyu dj jgh gSA ,slh QthZ ijh{kk laLFkk;sa ns'k ,oa izns'k ds Nk=ksa dks xqejkg dj muds Hkfo"; ds lkFk f[kyokM dj jgh gSA mYys[kuh; gS fd ;kph dh ijh{kk laLFkk dh Hkkafr gh ek/;fed f'k{kk ifj"kn] fnYyh ds uke dh ijh{kk laLFkk] ftldk mYys[k ifj"kn fofu;eksa esa Fkk }kjk gkbZLdwy dh led{krk ds lEcaU/k esa dkmfUly vkWQ cksMZl vkWQ gkbZLdwy ,twds'ku bu bf.M;k ubZ fnYyh ¼ dkscls½ ls tkudkjh izkIr djus ij irk pyk fd bl uke dk dksbZ cksMZ fnYyh esa fLFkr ugh gSA ckn esa ijh{kk laPkkydksa }kjk ekuuh; mPp U;k;ky; esa ;kfpdk la[;k 26310@ 2005 pUnzlsu cuke LVsV vkQ ;w0ih0 ;ksftr dh xbZ] ftls ekuuh; mPp U;k;ky; }kjk [kkfjt dj fn;k x;kA" It is also relevant to submit here that a writ petition filed by the examination organizer being Writ Petition No.26310 of 2005, Chandrasen Chauhan v. State of U.P. & others, too was dismissed on 15.7.2011. Copy of the order dated 15.7.2011 is being annexed herewith and marked as Anneuxre-6 to this affidavit. 14. That Government Order No.5692/15-7-2004-1 (289)/2004 dated 7.2.2005 was issued and the equivalence of the examination was suspended. It is also relevant to state here that the existence of Board of Madhya Bharat too was enquired from the Council of Boards of School Education in India, New Delhi, Secondary Education (COBSE) and in its reply it has shown disability to provide any information since Board of Secondary Education, Madhya Bharat, Gwalior was not its member. Photostat copy of information is being annexed herewith and marked as Annexure-7 to this affidavit. 15. That it is relevant to submit here that Council for Board of School Education in India, New Delhi, COBSE, provide the recognition for conducting the Intermediate and High School Examination to the Institution which are being run under Central or State Act. But since the Board of Secondary Education, Madhya Bharat, Gwalior, is not legally established organization nor its constitution is being made under Central or State Act hence even in the Directory published by COBSE, the name of this institution is not available since this institution is neither run/ recognized by State or Central Government. 16. That in view of the aforesaid, it is submitted that the certificates of Class 10th and 12th issued by Board of Secondary Education, Madhya Bharat, Gwalior are not recognized hence are not equivalent. It is unrecognized institution hence the certificates as well. Such institutions are conducting examination by misleading the students thus playing with the future of such students which is not viable or appreciable, educationally or in public interest or in the interest of Nation at large. Such examination conducted by the institutions not recognized under law must be closed in public interest and the present institution is already not been in existence as stated in the preceding paragraphs from 5.3.2014." The record in question reflects that the petitioners, having fulfilled all the requisite eligibilities and qualifications for the post of Assistant Teacher in primary school as per the advertisement made for appointment of Assistant Teacher in Primary School run and managed by Uttar Pradesh Basic Shiksha Parishad applied after completing all the formalities. On the basis of qualify point marks a list for counselling was published in

which the name of the petitioners were also shown and were invited for counselling. After completing the process of counselling a list of selected candidates was published in which the names of petitioners did not find place. A list of nine candidates has been published including the names of the petitioners with a noting in respect of the petitioners that they have been declared ineligible because of their certificates of High School and Intermediate from Board of Secondary Education Madhya Bharat Gwalior (Madhya Pradesh). The grievance of the petitioners is that the certificates of the Board of Secondary Education, Madhya Bharat, Gwalior (M.P.) has been de-recognized by the Board of High School and Intermediate Education, U.P. vide a decision dated 29.09.2011. It is stated that the petitioners were selected but their candidature have been cancelled on the ground that they have passed their High School and Intermediate Examinations from the Board of Secondary Education, Madhya Bharat, Gwalior (M.P.) which stood de-recognized by the Board of High School and Intermediate Education, U.P. The petitioners have brought on record a list/ order of the respondents cancelling their candidature on the ground that they have passed their High School and Intermediate Examinations from an unrecognized institution. It is contended on behalf of the petitioners that they have passed their examination before the de-recognition, therefore, the order of de-recognition issued in the year 2011 will not have an effect on the certificates which have been obtained before issuance of the decision of the Board of High School and Intermediate Education, U.P. In this backdrop, learned Single Judge has proceeded to allow the Writ Petition No.63703 of 2015 on 3.3.2016 with observation that since the petitioners have obtained their certificates much before the derecognition as such impugned order cannot sustain and the respondents were directed to consider the candidature of the petitioners for appointment on the post of Assistant Teacher. District Basic Education Officer, Kannauj has challenged the order dated 3.3.2016 on the ground that learned Single Judge has not considered the letter dated 9.12.2015 issued by the Secretary, Madhyamik Shiksha Parishad, U.P. Allahabad while passing the impugned order. As per letter dated 9.12.2015 issued by the Secretary, Madnhyamik Shiksha Parishad, U.P. Allahabad, Madhyamik Shiksha Parishad, Madhya Bharat Gwalior (M.P.) is not a legal Board to conduct and provide the High School and Intermediate Education, as it has not been constituted by Central Act or State Act. Madhyamik Shiksha Parishad, U.P. has issued a Gazette on 8.3.2014 in which Madhyamik Shiksha Parishad, Madhya Bharat Gwalior (M.P.) has found no place being an illegal board. Heard rival submissions and perused the record. The sole question arises for adjudication in all these matters is that whether the certificates awarded by Board of Secondary Education, Madhya Bharat, Gwalior (M.P.) are genuine or not and what is their effect before its derecognition prior to 2011. We find from the record that when this controversy has come up before the Division Bench on 26.7.2016, taking serious view of the matter, the Court has observed that this controversy must be laid to rest once for all. The equivalence to the educational certificate by the Board of High School and Intermediate in the State of U.P. can only be given after being satisfied about the standards of education and the actual teaching imparted by the concerned board, which cannot be mechanical. In this backdrop, the

Court has directed the Secretary, Secondary Education Board, U.P. to file his personal affidavit after making such enquiry as may be required from the concerned department of the State of Madhya Pradesh. It had to be seen that the statutory board has been constituted under a valid piece of legislation. Further inquiry was also directed to be made with regard to the competence of the Board of Higher Secondary Education, Madhya Bharat, Gwalior, Madhya Pradesh to conduct any public examination as well as to issue pass certificates of Class 10th and 12th. The Secretary was also directed to express his opinion as to whether the certificate issued by the said Board can be granted equivalence to the certificate of Class 10th and 12th conducted by the Madhyamik Shiksha Parishad, Allahabad, U.P. in the State of U.P. The Secretary was also directed to obtain information with regard to the authenticity of the persons entitled to act as the Secretary/ Chairman of the Board, if it had any statutory character and further as to whether the certificates in which signature has been shown by such Board are valid. In compliance of the aforesaid order of the Division Bench, Smt. Shail Yadav, Secretary Madhyamik Shiksha Parishad, U.P., Allahabad has filed her personal affidavit through Ms. Subhas Rathi Advocate in which she has tried to satisfy the queries raised by the Division Bench. In her affidavit she has stated that an enquiry committee was constituted to judge the legality of examinations held by Board of Secondary Education Madhya Bharat, Gwalior. The said enquiry committee contacted Madhya Pradesh Government on 24.10.2016 regarding information of Board of Secondary Education, Madhya Bharat Gwalior. The Ministry of Madhya Pradesh Government, Education Board, Vallabh Bhawan, Bhopal through its Deputy Secretary informed vide letter dated 24.10.2016 that no such Board of Secondary Education, Madhya Bharat, Gwalior was established vide any Government Order nor Chairman, Secretary or other employees are being appointed by the State Government nor it has been authorized to organize and conduct public examination for Class 10th and 12th or issue certificates regarding the same. The enquiry committee also contacted Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal. The Deputy Secretary of the Shiksha Mandal also apprised the enquiry committee vide letter dated 24.10.2016 that Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal has not provided any recognition or equivalence to the Board of Secondary Education Madhya Bharat, Gwalior nor any order, notification or advertisement or Government Order has been issued for granting equivalence to the Board of Secondary Education, Madhya Bharat, Gwalior for conducting examination of Class 10th and 12th. It is also stated that the enquiry committee also went to the Registered Address N-13, Gandhi Nagar, Gwalior, M.P., as stated in the Special Appeal to enquire about the Board of Secondary Education, Madhya Bharat, Gwalior and its existence and status. On the aforesaid address the land owner apprised the enquiry committee that no such Board of Secondary Education, Madhya Bharat, Gwalior was running from his building about 3 years ago. Its office was being run from its office which has already been transferred to other place and the land owner has also given legal notice for not using its address to the Board of Secondary Education, Madhya Bharat, Gwalior. It is also stated that the existence of Board of Madhya Bharat too was enquired from the Council of Boards of School Education in India, New Delhi, Secondary Education (COBSE) and

in its reply it has shown disability to provide any information since Board of Secondary Education, Madhya Bharat, Gwalior was not its member. It is further submitted that Council for Board of School Education in India, New Delhi, COBSE, provide the recognition for conducting the Intermediate and High School Examination to the Institution which are being run under Central or State Act. But since the Board of Secondary Education, Madhya Bharat, Gwalior, is not legally established organization nor its constitution is being made under Central or State Act hence even in the Directory published by COBSE, the name of this institution is not available since this institution is neither run/ recognized by State or Central Government. After perusal of the entire record as well as the personal affidavit of Smt. Shail Yadav, Secretary, Madhyamik Shiksha Parishad, U.P. Allahabad, we are of the considered opinion that no recognition has ever been granted by Government of Madhya Pradesh to Board of Secondary Education Madhya Bharat, Gwalior nor such recognition has ever been granted by Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, therefore, Board of Secondary Education, Madhya Bharat, Gwalior is not the institution established under law nor its Chairman/ Secretary or other employees are appointed by the Government of Madhya Pradesh nor the said Board is authorized in any manner to conduct examination of Class 10th and 12th or issue certificates for the same. In view of the facts and circumstances stated aforesaid and in the present scenario, we find that the said Board is not at all in existence and issuance of certificate is a designed activity, by luring such candidates who on their own will not at all be in a position to clear examination conducted by duly recognized Board. We gave repeated opportunity to the Board of Secondary Education, Madhya Bharat, to show before us their authority to accord recognition to institution as examination center in the State of U.P. and their authority to hold examination and to this specific question posed there is no specific reply, but for the fact that it's a society registered under Societies Registration Act, 1860 and had been conducting examination. Authority to hold examination and issue certificate is completely lacking and missing and accordingly the inevitable conclusion is that the certificates of Class 10th and 12th issued by Board of Secondary Education, Madhya Bharat, Gwalior are not recognized and same is merely an outcome of paper work, therefore, are not equivalent. It is unrecognized Board and the certificates as well. Such institutions are conducting examination by misleading the students thus playing with the future of such students which is not viable or appreciable, educationally or in public interest or in the interest of Nation at large. Such examination conducted by the institutions is not recognized under law and must be closed in public interest. We find that this is not the case of equivalence of the Board but it is the case of fake institution. Nothing has been brought before us that at any point of time the alleged board was ever accorded approval in the State of M.P. as such no question arises for its equivalence in the State of U.P. In view of above, the impugned order dated 3.3.2016 passed by learned Single Judge cannot sustain and is hereby set aside. The Special Appeal Defective No.630 of 2016 is allowed. The Special Appeal No.453 of 2016 and Writ Petition No.28983 of 2016 are dismissed and the interim orders passed therein are vacated. Most surprisingly, in reference of petitioner, the Board of Secondary Education Madhya Bharat, Gwalior has proceeded to make a mention that certificate submitted by the petitioner is forged, obtained from gang headed by Dr. Ganga Dayal Shakya and same

has never been issued by the said Board of Secondary Education, Madhya Bharat, Gwalior. Various first information report has been lodged at Haryana, Delhi and Gwalior, in reference of such fake certificates. We are of the firm view that holding of examinations and issuance of certificate without any authority of law on its face value is a designed criminal activity and Board of Secondary Education, Madhya Bharat, Gwalior claims that it has All India Networking, in view of this, it would be much more expedient and in the interest of cleansing of education system that Director, Central Bureau of Investigation (CBI) at New Delhi should take up the matter, to which State of U.P. has no objection, and get enquiry conducted of all cases of issuance of fake certificate and lodge cases where fraudulent activities are writ apparent, for bringing guilty persons to the book and keeping spurious incumbents away from the arena be it pursuing further studies or trying to procure appointment based on such certificate. Secretary, Basic Shiksha Parishad should produce copy of this order before CBI Director, New Delhi for further follow up action. 

Order Date :- 26.5.2017 SP/