Court No. - 2
Case :- WRIT - A No. - 11645 of 2021 Petitioner :- Prem Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yadvesh Yadav Counsel for Respondent :- C.S.C.,Vivek Kumar Rai,Yatindra
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, Sri Vivek Kumar Rai, who appears for the Dr. Bheem Rao Ambedkar University and Sri Yatindra, learned counsel appearing for the District Basic Education Officer.
The engagement of the petitioner as an Assistant Teacher has come to be terminated by the respondents noting that the B.Ed. degree which was produced and stated to have been awarded by the University was fake and forged. The Court takes note of the fact that the name of the petitioner stands mentioned at Serial No.480 of the chart appended to the judgment of the Division Bench in Special Appeal No.326 of 2020 [Kiran Lata Singh and others vs. State of U.P. and others decided on 26 February 2021]. Dealing with the aforesaid category of cases, the Division Bench in its judgment observed and held thus: -
"(1) No interference is made in the order of termination/cancellation of appointment of those who obtained service based on fake mark-sheets other than those whose writ petition was allowed by the learned Single Judge. The direction aforesaid would apply not only to 2823 candidates whose mark-sheets/degrees were cancelled by the University by order dated 07.02.2020 but remaining 814 candidates also other than those excluded by the learned Single Judge and one Km. Anita Maurya D/o Bhola Singh of T.R.K. College, Aligarh and Vijay Singh S/o Hari Singh of K.R.T.T. College, Mathura. This direction would further exclude seven other candidates, viz. (i) Surendra Kumar S/o Sri Mauji Lal; (ii) Rajiv Singh Yadav S/o Sri Ram Ladait Yadav; (iii) Sudeep Kumar S/o Sri Ajay Pal Singh; (iv) Smt. Reeta Gautam D/o Sri Ram Gautam; (v) Reeta Yadav D/o Sri Janki Lal Yadav; (vi) Anuradha D/o Sri Rajendra Singh; (vii) Rekha Lavania D/o Sri Vijendra Singh. The respondent-State and University are directed to reconsider the case of above named seven candidates in the light of the documents submitted by them pursuant to the liberty given by this Court in these appeals. It would be in coordination. Necessary exercise in regard to those candidates would made within a period of one month from the date of receipt of copy of this order. If their admission in the college coupled with appearance in the examination is found proved, then the termination order would be recalled in reference to them. For a period of one month, those candidates would continue in service subject to outcome of the direction given above. List of 812 candidates out of 814 is enclosed as Schedule-I. Their order of termination of 812 candidates has been examined independently by the Court. It was not otherwise made dependent by the State to the order to be passed by the University for 814 candidates."
In view of the aforesaid, the challenge to the impugned order fails.
The writ petition shall stand dismissed. Order Date :- 24.9.2021 Tamang