Court No. - 58
Case :- WRIT - A No. - 11806 of 2018 Petitioner :- Sushil Kumar Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Krishna Chaturvedi,Vishwa Ratna Dwivedi Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan,Shiv Badan
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition, following orders were passed on 15.5.2018:-
"Petitioner's appointment has been cancelled on the ground that he had secured it on the basis of forged certificates. The B.Ed. certificate of the petitioner obtained from Veer Bahadur Singh Purvanchal University, Jaunpur is alleged to be manipulated.
Learned counsel for the petitioner states that the authorities have made wrong enquiries inasmuch as roll number of the petitioner was wrongly mentioned and that is why he has been made to suffer.
The correct copy of the B.Ed. certificate has been annexed alongwith this petition, as per which roll number of the petitioner in his B.Ed. Examination 2004 (Regular) is 653802.
Before proceeding further, it would be appropriate to permit Sri Shiv Badan, learned counsel appearing for the respondent no.2 University to obtain instruction as to whether the statement of marks annexed alongwith this petition as Annexure-5 is a genuine or forged document.
As prayed, put up as fresh on 22.5.2018."
Again when the matter was taken up on 22.5.2018, following orders have been passed:-
"Pursuant to the orders passed by this Court on the previous occasion, learned counsel representing the Veer Bahadur Singh Purvanchal University, Jaunpur states that the petitioner has misrepresented his marks; in as much as, he has passed the examination by scoring 279 out of 600 marks in theory and 173 out of 200 marks in practical.
Shri Ras Bihari Pradhan, learned counsel states that the petitioner has misrepresented before the authorities that his B.Ed. mark is 552 and on such basis, he has succeeded in obtaining forged appointment.
Before proceeding further, it would be appropriate to permit Shri Pradhan to obtain instructions in the matter from the authority concerned as to what has been the cut off mark of the last selected candidate in the petitioner's category. It would be inquired as to whether the petitioner could have been selected on the basis of his correct marks or not.
The required information would be obtained within three days. Put up this case in the additional cause list on 25.05.2018."
Today when the matter is taken up, learned counsel for the petitioner states that petitioner be permitted to withdraw the writ petition.
From the facts, which have been brought on record, this Court finds that petitioner has in fact obtained appointment on the basis of manipulated records. As per the instructions received from the District Basic Education Officer, Ghazipur, in the recruitment exercise undertaken, if the petitioner's correct marks were relied upon then his selection itself was impermissible. In the respect of category to which petitioner belongs, the last selected candidate had obtained 216.46 quality point marks, whereas petitioner's correct quality point marks were 210.43. It was on the basis of manipulation that he scored 222.93 marks and secured appointment. It is a clear case in which petitioner has not only misrepresented the facts and obtained appointment, but has also tried to mislead this Court.
In such circumstances, this writ petition deserves to be dismissed with costs assessed at Rs.25,000/-. The amount shall be recovered from the petitioner as arrears of land revenue and deposited with Legal Services Authority of this Court. Copy of this order shall be transmitted to the District Magistrate concerned for its compliance.
Writ petition is, accordingly, dismissed.
Order Date :- 28.5.2018 Anil