Court No. - 58
Case :- WRIT - A No. - 25669 of 2018 Petitioner :- Vipin Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh,Radha Kant Ojha, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against the order dated 11.9.2018; passed by the Additional Director, Secondary Education, U.P. at Allahabad, whereby petitioner's claim for appointment on the post of Assistant Teacher in L.T. Grade (Hindi) in General/Physically Handicapped Category, has been rejected. The order of the Additional Director records that petitioner's educational qualification of Shastri is not found to be genuine, in view of the communication received from the college concerned from where the petitioner is said to have passed such examination. The order has been challenged primarily on the ground that the Sampurnanand Sanskrit Vishwavidyalaya, in response to a letter of the Director of Education dated 4.9.2018, has clearly certified that petitioner had passed Shastri Examination, with Roll No. 284159, and has secured 1463 out of 2200 marks.
Submission is that once the petitioner's Shastri result has been verified by the University, there remains no reason for petitioner's candidature to be cancelled. It is also stated that because petitioner's claim has been allowed in Special Appeal No. 399 of 2018 by a Division Bench of this Court, the authorities have made it a prestige issue not to accept the petitioner's candidature and that is why, the educational institution from where the petitioner has done his Shastri Course is being coerced into, opposing the claim of the petitioner.
While entertaining the writ petition, following orders were passed on 5th December, 2018:
"Petitioner is permitted to implead Sampurnanand Sanskrit Vishwavidyalay, Varanasi, as respondent no.4 in the present petition. Learned counsel for the petitioner may serve copy of this petition upon the counsel appearing for the respondent no.4.
Learned counsel representing the respondent no.4 may obtain instructions with regard to genuineness of petitioner's Shastri Examination of the year 2009 with roll number 284159.
Learned Standing Counsel may also obtain instructions with reference to the document annexed at page 124 of the writ petition.
Put up in the additional cause list on 20.12.2018."
Sri Ved Byas Mishra appearing for Sampurnanand Sanskrit Vishwavidyalaya has produced a communication received from the University, according to which petitioner has passed Shastri Examination in the year 2009, with Roll No. 284159, by scoring 1463 out of 2200 marks. Office notes reiterating such stand has also been placed, and photocopy of such documents is taken on record.
In view of the certificate provided by the University that petitioner has passed Shastri examination in the year 2009 from Sampurnanand Sanskrit Vishwavidyalaya, there would be no justification to allow the order of the Director of Education, dated 11.9.2018, to be sustained.
Consequently, the writ petition succeeds and is allowed. The impugned order dated 11.9.2018, accordingly, stands quashed. The authorities shall process the petitioner's claim for appointment in accordance with law within a period of two months from the date of presentation of a certified copy of this order.
Order Date :- 20.12.2018 Ranjeet Sahu