The High Court dismissed this writ petition seeking to quash an appointment by mandamus, noting the petitioner failed to produce an experience certificate during his interview and thus had no grounds for granted relief.
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Court No. - 5
Case :- WRIT - A No. - 18171 of 2019
Petitioner :- Irfan Raza Khan Respondent :- State Of U P And 6 Others Counsel for Petitioner :- R.B. Singh Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
List revised. Case called out. None appears on behalf of the petitioner. Sri Anil Kumar learned standing counsel and Sri Arun Kumar Mishra, learned counsel for the respondent No.7, are present.
This writ petition has been filed praying for the following relief:
"I. Issue a writ, order or direction in the nature of certiorari to quash the selection proceeding/ appointment letter issued in favour of the respondent no.7 dated 01.10.2019 (appointment letter has not available upon the petitioner).
II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents authorities to consider and decide the representation dated 17.09.2019 made by the petitioner for cancellation of the selection/ appointment of the respondent no.7 as principal in the institution namely Madarsa Darul-Uloom Ahle-Sunnat Badrul- Uloom Nandannagar, Basti."
The petitioner has made a representation that he has filed a photostat copy of his experience certificate along with his application which was not considered. It also appears from the representation that at the same time, the petitioner has also stated in his representation that experience certificate could have been asked for by calling the petitioner on phone. From the representation of the petitioner, it appears that he has appeared in interview on 12.09.2019. A copy of the alleged experience certificate dated 02.08.2010 has been filed as Annexure-4 in which it is mentioned that the petitioner did teaching work free of cost for the period from 01.07.2006 to 01.01.2010. Since the petitioner has appeared in the interview and has not produced his experience certificate, therefore, without expressing any opinion on the credibility of the alleged experience certificate; I do not find any good reason to grant the relief as prayed by the petitioner. Therefore, the writ petition is dismissed.
Order Date :- 22.11.2019 NLY
1 issue framed by the court
Whether the writ petition challenging the selection/ appointment of respondent no.7 should be allowed when the petitioner failed to produce an experience certificate despite appearing for the intervie
Irfan Raza Khan
State Of U P
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
