Neutral Citation No. - 2025:AHC:80477-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 297 of 2025 Appellant :- Mirtaunjay Singh Yadav Respondent :- State Of Up And 2 Others Counsel for Appellant :- Akhilesh Tripathi Counsel for Respondent :- C.S.C. With Case :- SPECIAL APPEAL No. - 198 of 2019 Appellant :- Anant Siddharath And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Lokesh Kumar Mishra Counsel for Respondent :- C.S.C. With Case :- SPECIAL APPEAL No. - 366 of 2019 Appellant :- Rakesh Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Lokesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. (Ref: Civil Misc. Delay Condonation Application in Special Appeal Defective No.297 of 2025) 1. Heard. 2. Delay in filing special appeal defective no.297 of 2025 is explained to the satisfaction of the Court. Delay is, accordingly, condoned. 3. Application stands allowed. Ref: Appeals 1. These special appeals arise out of an order passed by learned Single Judge dated 17.12.2018, whereby the qualification held by the petitioners of intermediate from the Board of Higher Secondary Education, Delhi has been held not to be a valid qualification. 2. Sri Anoop Trivedi, learned Senior counsel for the appellant has placed reliance upon the resolution of the Government of India in which it is mentioned that educational institutions recognized by the Board of Higher Secondary Education, Delhi shall be deemed to be institutions recognized by the C.B.S.E Board. This circular has also been referred to in the Full Bench judgment of this Court in M.K. Gandhi & Ors. vs. Director of Education (Secondary), U.P. Lucknow & Ors 2005 (3) LBESR 190 (All)(FB). On the strength of the above material it was urged on the previous occasion that the learned Single Judge was not justified in coming to the conclusion that the certificates issued by institutions recognized by the Board of Higher Secondary Education, Delhi are not valid. 3. Taking note of such submission, this Court on 6.5.2025 requested Sri H.N. Pandey, learned counsel for the C.B.S.E. Board to clarify the position. 4. Today when the matter is taken up a communication received from the Joint Secretary, C.B.S.E. Board is placed on record. On two relevant aspects the communication of the C.B.S.E. board reads as under:- "1. Whether, Board of Higher Secondary Education, Delhi has been merged with CBSE ?; Reply:- As per Delhi Gazette dated 30.06.1962 (copy attached) it has been notified that the Central Board of Secondary Education, New Delhi has taken over the functions of the Board of Higher Secondary Education, Delhi w.e.f. 01.07.1962. Consequently, the said Board of Higher Secondary Education, Delhi ceased to exist w.e.f. 01.07.1962 and accordingly only the CBSE is empowered to issue certificates/mark sheets under its name, logo and by its authority to its candidates sponsored by the schools affiliated with CBSE and the Board so taken over by CBSE has no authority to issue any Marksheet/certificate thereafter. 2. Whether the Certificate issued by the Board of Higher Secondary Education Delhi is being recognized by the CBSE ? Reply:- No, the CBSE Board does not give recognition to the Certificate/s, Mark-sheet issued by any other Board except those which are set up by the State/Central Govt and who are members of the COBSE. As per the information available with the CBSE, the Board of Higher Secondary Education, Delhi (stated to have been placed at Lucknow, Uttar Pradesh as per Page-112 of the Petition) has not been set up by any Government." 5. Learned counsel for the C.B.S.E. board has also placed a notification issued by the Directorate of Education, Delhi Administration published in Gazette of Government of India dated 30.6.1962, which reads as under:- "(Directorate of Education) RESOLUTION Delhi, the 30th June, 1962 No. F. 32(10)/62-Edn. Whereas the Central Board of Secondary Education, New Delhi, is taking over, w.e.f. 1st July, 1962, the functions of the Board of Higher Secondary Education, Delhi constituted by his Resolution No. F. 12(104)-C/42-L.S.G. (2), dated 26th November, 1942, the Chief Commissioner, Delhi is pleased to direct that the said Board of Higher Secondary Education, Delhi shall stand dissolved with effect from 1st July, 1962." By order of the Chief Commissioner, B.D. BHATT, Director of Education, Delhi." 6. The instructions of C.B.S.E. Board coupled with the notification of 30.6.1962 leaves no room of doubt that after 1.7.1962 Board of Higher Secondary Education, Delhi has no separate and distinct existence of its own. Once that be so, any educational certificate issued by the educational institutions owing affiliation to Board of Higher Secondary Education, Delhi would clearly be invalid and would not be recognized for determining eligibility of candidates for appearing in different examinations. 7. In view of the above, we do not find any good ground to interfere with the judgment of learned Single Judge. Consequently, these special appeals fail and are dismissed. Order Date :- 15.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad