Special Appeal dismissed. The Court held the appeal has no merit. The Single Bench correctly dismissed the writ petition finding the appointment was based on forged certificates, and the argument regarding alternative qualification consideration failed.
Special Appeal No. 697 of 2018 dismissed as it has no merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- SPECIAL APPEAL No. - 697 of 2018
Appellant :- Vimla Devi Respondent :- State Of U.P. And 6 Ors. Counsel for Appellant :- Siddharth Khare,Ashok Khare Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to question correctness of the order dated 16.07.2014 passed by learned Single Bench in Writ A no.15022 of 2018. Learned Single Bench dismissed petition for writ on the count that the appellant-petitioner obtained appointment as Shiksha Mitra in the year 2005 on basis of forged and invalid certificates stated to be issued by Hindi Sahitya Sammelan, Allahabad.
The argument advanced on behalf of the appellant-petitioner is that at the time of selection the appellant-petitioner was possessing qualification of High School, therefore, his candidature should have been considered on basis of that and not by taking into consideration the certificates said to be issued by Hindi Sahitya Sammelan, Allahabad.
By the order dated 07.08.2018 this Court directed learned standing counsel to complete instructions in the matter. On basis of instructions available it is submitted that in the year 2005 while considering candidature of the appellant-petitioner 8 other persons were employed on the basis of High School and Intermediate Certificates. All the 8 persons were having higher merit marks viz a viz the present appellant. It is stated that the appellant was having 232 marks out of 600 marks in the High School Examination. The last person selected had 275 marks. In view of it, no person having lesser marks than the present appellant was employed as Shiksha Mitra. In any case, no appointment could have been extended to appellant-petitioner even by taking into consideration his High School Examination marks.
The appeal, as such, is having no merit. Hence, dismissed.
Order Date :- 20.8.2018
Asha
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the appellant's appointment as Shiksha Mitra was valid despite forged certificates or should have been considered based on High School qualifications?
Whether the record establishes that persons with higher merit marks than the appellant were employed on the basis of valid certificates?
1 provisions across 1 enactments
Vimla Devi
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
