Anil Kumar Singh v. Commissioner/Secretary, Board of Revenue, U. P. Lucknow
1992-09-16
B.M.LAL, V.BAHUGUNA
body1992
DigiLaw.ai
JUDGMENT B.M. Lal and V. Bahuguna, J. - By this writ petition the petitioner seeks a writ order or directions in the nature of certiorari quashing the impugned order dated 19 August, 1991 (Annexure No. 14 to the writ petition) by which the petitioners result have been cancelled, it is contended on the ground inter alia that the petitioners have produced forged certificates. 2. By the courts order dated 10-9-1991 Standing Counsel appearing on behalf of the respondents was directed to file a counter affidavit within six weeks. However, more than a year has passed but no counter affidavit has been filed. 3. By a subsequent order this Court also directed the petitioner's to approach the authority concerned by filing a suitable representation. It is contended by the learned counsel for the petitioner that the order of this Court was complied with and suitable representations were presented. Despite that till date no orders have been passed or communicated to the petitioners. 4. Learned counsel for the petitioners urged that the impugned order is contrary to the provisions of Clause 214-B of the Land Records Manual. This Clause reads as follows :- "214-B-Cancellation of Lekhpal Examination certificate.- The Director of Land Records, may, at any time, cancel the Lakhpal Examination Certificate of a candidate if he is satisfied on the report of the Collector that the candidate has been guilty serious misconduct in circumstances contented with his securing the certificate: provided that no candidate's has been taken or he refuses to give his explanation or is not traceable. The Director of Land Record may also report his came to Government for during his from service under the State Government." 5. A bare reading of this Clause makes it clear that while cancelling the Lekhpal Examination certificate an adequate opportunity is required to be afforded to the candidates. In the instant case no opportunity was ever afforded to the petitioner's intimating them that the petitioners have used forged certificates while seeking appearance in the Lekhpal Examination. On this ground, the learned counsel for the petitioner contends, the petition deserves to be allowed. 6. Till date the petitioner's representations have not been decided.
In the instant case no opportunity was ever afforded to the petitioner's intimating them that the petitioners have used forged certificates while seeking appearance in the Lekhpal Examination. On this ground, the learned counsel for the petitioner contends, the petition deserves to be allowed. 6. Till date the petitioner's representations have not been decided. We are, therefore, of the view that in view of the provisions of Clause, 214-B since no opportunity was afforded to the petitioners the impugned order (Annexure No. 14 of the writ petition) suffers from non observance order principles of natural justice and therefore, in the eye of law, the same cannot he allowed to stand. This being so, we quashed the impugned order dated 19-8-1991 (Annexure No. 14 to the writ petition). 7. With the above observations this writ petition is finally disposed of. 8. A certified copy of the order be issued to the learned counsel for the petitioner on payment of usual charges.