Court No. - 7
Case :- WRIT - A No. - 29655 of 2003 Petitioner :- Som Pal Singh Respondent :- Regional Joint Director Of Education, Saharanpur And Others Counsel for Petitioner :- V.K. Singh,Ashok Khare Counsel for Respondent :- C.S.C.,Kamlesh Shukla
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Harshul Bhatanagar, holding brief of Sri Ashok Khare, learned counsel for the petitioner and Sri S.K. Misra, learned standing counsel for the respondents.
On 29.5.2018, this Court passed the following order:
"Petitioner is aggrieved with the impugned order dated 13.06.2003 passed by the Joint Director of Education, Saharanpur Division, Saharanpur holding that Uttama and Madhyama certificates granted by the Sahitya Sammelan, Allahabad are not equivalent to High School and intermediate. However, an opportunity was afforded to the petitioner to pass the intermediate examination in the Academic Session 2002 so as to continue in service, which he could not pass. Therefore, the Joint Director held that since the minimum educational qualification of a clerk in the year 1984, was intermediate and since the petitioner was merely High School pass, therefore, the order of the termination of services of the petitioner was upheld.
Learned counsel for the petitioner submits that in the case of the petitioner, an order was passed by Hon'ble Single Judge in Writ Petition No.3036 of 2001 (Som Pal Singh vs. Joint Director of Education, Saharanpur) in which it has been held that the certificates possessed by the petitioner of Madhyam and Sahitya Ratn from Sahitya Sammelan, Allahabad are equivalent to Intermediate and B.A.
Learned standing counsel disputes the aforesaid position and submits that in subsequent judgments, it has been clearly held that Uttama and Madhyama are not equivalent to High School and Intermediate.
Put up tomorrow along with connected writ petition."
The contention of the petitioner is that he obtained Visharad and Sahitya Ratna Degree from Hindi Sahitya Sammelan Allahabad (Hindi Vishwavidalya).
A Division Bench of this Court in Uma Kant Tiwari and others Vs. State of U.P. and others 2003(4) AWC 3016 (para 8) has held that "Hindi Sahitya Sammelan Allahabad" is a fake institution whereas "Hindi Sahitya Sammelan Prayag" was recognised only from 1931 to 1967. Thus, evidently the very foundation of the claim of the petitioner is based on certificate of a fake University.
Therefore, I do not find any error of law in the impugned order dated 13.6.2003, passed by the Joint Director of Education, Saharanpur, Division - Saharanpur. I also do not find any good reason to invoke the extraordinary, equitable and discretionary jurisdiction under Article 226 of the Constitution of India.
In view of the aforesaid, the writ petition is dismissed.
Order Date :- 30.5.2018/vkg