Court No. - 19
Case :- WRIT - A No. - 259 of 2019 Petitioner :- Nirdosh Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Arvind Kumar Yadav,Karuna Karan Singh Chauhan Counsel for Respondent :- C.S.C.,Gagan Mehta,Shambhavi Tiwari Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioner, learned standing counsel for respondents no.1, 2 & 3 and Shambhavi Tiwari for respondent no.5. With their consent, the writ petition is being disposed of finally without inviting a formal counter affidavit.
The petitioner was selected for the post of Assistant Teacher, Maths in pursuance of a selection held by the Uttar Pradesh Secondary Education Services Selection Board, Allahabad. On the recommendation of the Board, the petitioner was issued an appointment letter dated 13.5.2017 by respondent no.4. He also joined the said institution on 13.5.2017. After joining, the petitioner submitted an online document verification application through the Principal of the institution to the Registrar, Dr. Bheem Rao Ambedkar University, Agra. The University informed the authorities that the B.Ed. mark sheet issued to the petitioner is under verification, as they have found some overwriting in the answer script of Paper No.3. Resultantly, the salary of the petitioner has been stopped and he is before this Court seeking a mandamus commanding the respondents to pay salary to him and not to interfere in his working. He has also sought a mandamus directing respondent no.5 to complete the verification process forthwith.
By order dated 8.1.2019, learned counsel for respondent no.5 was granted time to obtain instructions as to whether B.Ed. degree said to be possessed by the petitioner is valid or not. In pursuance thereof, learned counsel for respondent no.5 has placed on record the instructions received from the University, according to which, the University is in the process of verifying the educational testimonials of the petitioner. According to the instructions, there is overwriting in the answer script of III Paper. The instruction also states that according to the marks mentioned in the answer script, it is 56, whereas in the mark sheet it is mentioned as 50. This, according to the University, also needs an enquiry.
Learned counsel for University submitted that the University would complete the enquiry and intimate the outcome of the enquiry to the authorities within three weeks.
Accordingly, the instant petition is disposed of with direction to the respondent University to complete the process of verification within three weeks and intimate the outcome thereof to the authorities within one week thereafter. The petitioner shall be paid his salary based on the outcome of the enquiry which is under progress by the University.
(Manoj Kumar Gupta, J) Order Date :- 29.1.2019 SL