Court No. - 3
Case :- WRIT - A No. - 17592 of 2019 Petitioner :- Peeyush Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Shri. Ashok Khare Sr. Advocate Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Rohit Pandey
Hon'ble Saral Srivastava,J.
Heard Sri Ashok Khare, Senior Counsel assisted by Sri Kamlesh Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for respondents no.1 & 2, Sri Rohit Pandey, learned counsel for the respondent University and Sri A.K. Yadav, learned counsel for the respondents no.3 & 4.
The petitioner after completing two years BTC regular course in the year 2012 applied for appointment as Assistant Teacher pursuant to the advertisement for recruiting 16,448 Assistant Teachers in pursuance to the Government Order dated 16.06.2016. The petitioner was selected in the said selection and was granted appointment by the order of respondent no.4 dated 30.08.2016. Petitioner was posted at Prathmik Vidyalaya Jasra II, Block Jasra, District Prayagraj.
A show cause notice has been issued to the petitioner by the respondent no.4 alleging that the marks-sheets of B.A. I, II & III produced by the petitioner was forged and the petitioner is required to submit reply in response to the said notice. The said notice is impugned in the present writ petition.
Learned counsel for the respondents submits that the writ petition against a show cause notice is not maintainable. Further, the learned counsel for the respondent University further submits that the University has verified the marks-sheet of B.A. I, II & III of the petitioner and according to the instructions, the marks- sheet was forged.
The writ petition is against the show cause notice, the petitioner can very well submit reply/objections to establish his claim, hence the writ petition is not maintainable. However it is provided that if the petitioner submits reply to the show cause notice, the same shall be disposed of expeditiously by the respondent no.4/Basic Shiksha Adhikari, Prayagraj.
The writ petition is dismissed subject to observations above.
Order Date :- 28.11.2019 S.Sharma