Research › Search › Judgment

Allahabad High Court · body

2017 DIGILAW 329 (ALL)

Kumud Kumar v. State of U. P.

2017-01-24

DILIP B.BHOSALE, YASHWANT VARMA

body2017
JUDGMENT Civil Misc. Delay Condonation Application No.25038 of 2017: Heard Mr. Siddharth Khare, learned counsel for the appellants and Mr. K.S. Kushwaha, learned counsel for respondent nos.2 and 3. The appellants pray for condoning 40 days' delay caused in filing the special appeal. The respondents have not filed any reply opposing the prayer till today. In view thereof and for the reasons stated in the application and in the affidavit filed in support thereof, the delay in filing the special appeal is condoned. Application is disposed of. Order on Special Appeal: This special appeal is directed against the order dated 10.11.2016, whereby the appellants' writ petition has been dismissed. The appellants had applied for the post of Gram Panchayat Adhikari in response to the recruitment process, initiated and conducted by the Uttar Pradesh Subordinate Service Selection Commission, Lucknow, vide Advertisement No.7 (3)/2015. The petition was dismissed on 10.11.2016. The instant special appeal was filed on 19.1.2017. In the meanwhile, as submitted by counsel for respondent nos.2 and 3, the recruitments were made final and even appointment letters were also issued. In this backdrop, we have heard learned counsel for the appellants. Insofar as appellant nos.1 and 2 are concerned, they both have completed vocational course in basic computing from National Institute of Open Schooling which, according to them, is recognized by the Government of India. It is not in dispute that their certificates are dated 14.12.2015 and 10.8.2015 respectively. In view thereof, our attention was invited to the advertisement inviting on-line application, fixing 11.7.2015' as the last date for making application. Clause 15 of the advertisement, further makes it clear that the applicant should have in his possession the certificates of the qualifying examination issued by 11.7.2015. These facts are not in dispute. In view thereof, the claim of appellant nos.1 and 2, for recruitment, could not have been considered at all. Hence, we are not inclined to enter into the question whether National Institute of Open Schooling is a private Institute and the certificate issued by them is equivalent to the certificate issued by DOEACC/NIELIT Society. In the circumstances, the claim of the first two appellants deserves to be rejected outright. Insofar as the third appellant is concerned, we have perused the certificate issued by ALLTECH College dated 5.7.2015. From a bare perusal of the certificate, we are satisfied that the certificate may not be genuine. In the circumstances, the claim of the first two appellants deserves to be rejected outright. Insofar as the third appellant is concerned, we have perused the certificate issued by ALLTECH College dated 5.7.2015. From a bare perusal of the certificate, we are satisfied that the certificate may not be genuine. The certificate shows that the examination was held in June 2015 whereas, as stated in the certificate, course was conducted for the period from 1.7.2014 to 30.6.2015. Even before the course was completed, the examination was conducted and certificate was issued within less than a week therefrom. Keeping that in view and having considered the reasons recorded by learned Single Judge for rejecting the claim of the third appellant, we find no reason to interfere with the same. Hence, the appeal is dismissed.