Court No. - 58
Case :- WRIT - A No. - 20166 of 2018 Petitioner :- Brijesh Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satendra Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by appointment of respondent no.6 as Rojgar Sewak vide order dated 5th March, 2018. It appears that prior to appointment of respondent no.6, petitioner was working as such. The order of respondents is challenged on the ground that petitioner has obtained qualification from Madhyamic Shiksha Parishad, Madhya Bharat Gwalior from Centres which were not even recognized. It is stated that the authorities before appointing the respondent no.6 have not verified his educational credential, and therefore, his appointment is bad in law. Various representations in that regard have been made before the authority concerned, but no decision has been taken and hence this writ petition.
In the facts and circumstances, it would be appropriate to permit the petitioner to represent in the matter before respondent no.3 with regard to his grievance, noticed above, alongwith certified copy of this order, within two weeks from today. Petitioner shall be at liberty to annex all such materials in support of his claim. The concerned authority shall issue notice to respondent no.6, and after affording opportunity of hearing to him would take necessary action, as may be required in law, within a further period of three months, thereafter.
It is clarified that this Court has not adjudicated the legality of appointment offered to respondent no.6 on merits, and all issues are left open to be considered by the authority concerned, at the first instance.
Order Date :- 19.9.2018 Anil