Single-judge bench dismissed a writ petition challenging the cancellation of the petitioner's appointment as constable due to suppression of his actual date of birth, finding no error in the impugned order.
No relief granted; writ petition dismissed.
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Court No. - 5
Case :- WRIT - A No. - 37743 of 2008
Petitioner :- Arun Kumar Recruit Constable Respondent :- State Of U.P. Thru Principal Secy. And Others Counsel for Petitioner :- Vijay Gautam Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Vinod Kumar Mishra holding brief of Sri Vijay Gautam, learned counsel for the petitioner and Sri Girish Vishwakarma, learned standing counsel for the State-respondents.
By the impugned order dated 02.08.2007 passed by the Senior Superintendent of Police, Saharanpur, the appointment of the petitioner made on the post of constable was cancelled on the ground that he has disclosed his date of birth as 01.04.1988 in his application form whereas on verification from Secondary Education Board, Meerut, his date of birth was found to be 01.04.1983. The respondents have filed counter affidavit dated 06.11.2008. In paragraph-6 of the counter affidavit, detailed averments have been made with regard to manipulation made by the petitioner and suppression by him about his actual date of birth. It has also been stated that as per actual date of birth, i.e. 01.04.1983, he was overage and thus, not eligible to apply pursuant to advertisement dated 01.09.2006 for recruitment of constables. Copy of verification letter of the Regional Secretary Madhyamik Shiksha Parishad, U.P. Regional Office, Meerut has also been filed along with the counter affidavit. More than 12 years have passed but the petitioner has not filed rejoinder affidavit. Therefore, the averments made in the counter affidavit are treated to be correct.
In view of the facts mentioned above, I do not find any error of law in the impugned order. Therefore, the writ petition is dismissed .
Order Date :- 5.12.2019 NLY
2 issues framed by the court
Whether the petitioner is entitled to relief in a writ petition seeking challenge to his cancellation of appointment.
Whether suppression of true date of birth during recruitment makes the appointment voidable.
Arun Kumar
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
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