Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 191 of 2019 Appellant :- Rambir Singh Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Seemant Singh Counsel for Respondent :- C.S.C.,Manish Goyal
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Seemant Singh, learned counsel for the petitioner- appellant and Sri Ashish Mishra, learned counsel for the respondents.
The judgment and order of the writ court dated 21.11.2016, by which the writ petition of the petitioner-appellant has been dismissed is under challenge in this appeal.
The petitioner-appellant was appointed as a Junior Assistant after facing the selection but his appointment has been cancelled as he is not possessing the requisite minimum qualification i.e. CCC certificate from DOEACC Society. The minimum qualification prescribed for the above post is admittedly includes possession of CCC certificate from DOEACC Society before the last date of submission of the application form.
The last date for submission of the application form was 12.09.2014 and on that date, the petitioner-appellant was not having the aforesaid CCC certificate from DOEACC Society. The petitioner-appellant contends that in fact, he possesses a higher qualification of diploma in computer application from Karnataka State Open University, Mysore and therefore his appointment was liable to be cancelled.
The petitioner-appellant has not referred to the above certificate in his application form and moreover, whether the said diploma is equivalent or higher in qualification than CCC certificate of the DOEACC Society is a disputed fact, which cannot be established in writ jurisdiction.
In view of the above, we find no merit in this appeal. This appeal is beyond time by 791/792 days. It is accordingly dismissed on the ground of delay and also being devoid of merits.
Order Date :- 26.2.2019 Abhilash