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Allahabad High Court · body

2007 DIGILAW 1167 (ALL)

RAM VEER SINGH v. STATE OF U. P

2007-04-25

V.K.SHUKLA

body2007
( 1 ) PETITIONER applied for consideration of his claim for being appointed on the post of Shiksha Mitra and alongwith with the said application form petitioner has appended certificate issued by the Headmaster of Primary School Aunchha First Ghiror, District Mainpuri. Petitioner was selected and thereafter complaint was made in respect of certificate which has been appended by the petitioner at the point of time when he has moved an application for getting appointment on the post of Shiksha Mitra, same was forged and based on the same on 16. 10. 2006 selection of petitioner on the post of Shiksha Mitra was cancelled. Petitioner filed Civil Misc. Writ Petition No. 371 of 2007 before this Court and this Court gave liberty to petitioner to approach District Magistrate, concerned and thereafter District Magistrate, was directed to call for record and pass appropriate order strictly in accordance with law. Petitioner submits that thereafter he represented the matter and thereafter Specialist District Basic Education Officer Manpuri asked the petitioner to appear with all documents. Petitioner has contended that Pradhan of the village certified that fact the he has functioned as Anudeshka (*********** ). ( 2 ) THEREAFTER District Magistrate has passed order dated 24. 02. 2007. At this juncture present writ petition has been filed. ( 3 ) SRI S. K. Vidhrathi, learned counsel for the petitioner contended with vehemence that in the present case competent authority to certify that petitioner has functioned as Anudeshka (***********) was the Pradhan of the village and he has certified this fact, in this background it has been contended that merely on the contention of the Headmaster his candidature cannot be cancelled, as such order which has been passed by the District Magistrate, is clearly vitiated in law and writ petition deserves to be allowed. ( 4 ) LEARNED Standing Counsel on the other hand contended that petitioner has practised fraud and has filed forged documents at the time when he moved application for consideration of his claim, as such no relief can be accorded to the petitioner and writ petition deserves to be dismissed. ( 4 ) LEARNED Standing Counsel on the other hand contended that petitioner has practised fraud and has filed forged documents at the time when he moved application for consideration of his claim, as such no relief can be accorded to the petitioner and writ petition deserves to be dismissed. After respective arguments have been advanced factual position which is emerging is to the effect that petitioner applied for consideration of his claim for being appointed as Shiksha Mitra, and alongwith his application form he had appended certificate in respect of functioning as Anudeshka (***********) and received remuneration in lieu of the same. Based on the said certificate claim of petitioner was, accepted as by virtue of being Anudeshka (***********) first preference was accorded to him. Thereafter complaint had been made by Ashish Kumar S/o Sri Devendra Singh and Pradeep Kumar S/o Sri Kasmir Singh. On the said complaint being made written query was made by the Headmaster who had issued said certificate and on the said verification being made concerned Headmaster mentioned that said certificate was forged and fictitious and had never been issued by him. Thus, in the present case undisputed position is that petitioner has succeeded in procuring appointment on the basis of farce, fictitious and forged documents purported to have been issued by the Headmaster of the institution. Issue is not, as to whether petitioner has ual functioned or not Anudeshka (***********) as suggested by the petitioner rather the real issue is that at the point of time when petitioner moved application for consideration of his claim for being appointed as Shiksha Mitra he has utilized forged document which has clearly disentitled the petitioner to function as Shiksha Mitra. In view of this once this is the factual position which has emerged then by no stretch of imagination, any interference can be made in the impugned order. ( 5 ) CONSEQUENTLY writ petition lacks substance and same is dismissed. .