Court No. - 4
Case :- WRIT - A No. - 24852 of 2018 Petitioner :- Umesh Chand Maurya Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sandeep Kumar Rai Counsel for Respondent :- C.S.C.,Arun Kumar Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner has been duly appointed as Assistant Teacher in a Junior Basic School run by the second respondent in a physically handicapped category. It appears that on some complaint being made, enquiry was set up for verification of the certificates filed by different candidates while obtaining advantage in the category of physically handicapped, at the time of selection and appointment and that has resulted in the issuance of the show cause notice to the Assistant Teachers who working in that category in a very large number.
The matter travelled up to the Supreme Court and Supreme Court while upsetting the judgment of division bench of this Court held thus:
"11. In our considered opinion in the peculiar facts of this case of such a fraud and genuine suspicion raised in the representation lodged by the Viklang Sangh and when 21% of such certificates have been found to be fraudulently obtained there was no scope for the Division Bench to interfere and issue order to perpetuate fraud, writ is to be declined in such a scenario and no equity can be claimed by the respondents.
12. In the circumstance we set aside the impugned judgment and order passed by the Division Bench of the High Court and dismiss the writ petition. However before taking any action against the individuals they shall be issued show cause in the matter and thereafter decision will be rendered in accordance with law. Let this exercise be completed within a period of four months. The appeal is allowed to the aforesaid extent."
In view of above, therefore the writ petition at this stage is quite premature as show cause notice dated 2nd November, 2018 has come to be challenged and the cause of action in the opinion of the court at this stage against show cause notice does not arise.
However, learned counsel for the petitioner has drawn the attention of this Court to the order dated 11th October, 2018 issued by the Director of the State Council for Educational Research and Training U.P. Lucknow whereunder apart from the verification of the certificates even medical examination has been permitted of those candidates whose cases have been found prima facie to be doubtful. Needless to say that the petitioner should also be subjected to such physical verification if 5th respondent has set up Medical Board for the said purposes.
In the opinion of the court, therefore the petitioner cannot be discriminated against and in the event other other similarly placed persons are being subjected to medical examination apart from physical verification, petitioner shall also be afforded such opportunity.
Writ petition stands disposed of with the aforesaid directions.
Order Date :- 27.11.2018 Sanjeev