HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 59
Case :- WRIT - A No. - 2903 of 2000
Petitioner :- Mamta Devi
Respondent :- District B.S.A. Gorakhpur And Others
Counsel for Petitioner :- Anil Tewari
Counsel for Respondent :- A.K. Singh,S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 1st January, 2000, whereby appointment of petitioner as an Assistant Teacher in primary institution concerned has been terminated, on the ground that petitioner's High School and Intermediate certificates have been found forged in the enquiry proceedings.
Perusal of the record goes to show that petitioner was issuing an appointment letter on 31st December, 1997, on the post of Assistant Teacher, pursuant to selection proceedings undertaken under the U.P. Basic Shiksha Niyamawali, 1981. Petitioner for the purposes of such appointment is stated to have produced High School and Intermediate certificates, secured from the U.P. Board. Such certificates were thereafter sent for verification from the Board, and it transpired that the certificates produced by petitioner are forged. It is for this reason that the services of petitioner have been terminated.
Learned counsel for the petitioner submits that petitioner had never submitted any High School and Intermediate certificate issued by the U.P. Board, and in fact, petitioner had secured High School and Intermediate qualification from the institution run by Sampurnanand Sanskrit Vishwavidyalaya, and petitioner's services have wrongly been terminated.
A counter affidavit has been filed by the State. It has been stated in para-9 of the counter affidavit that service records of petitioner, which are available in the office of District Basic Education Officer, did not contain any certificate of Madhyama or Uttar Madhyama issued from Sampurnanand Sanskrit Vishwavidyalaya, and that petitioner had secured appointment on the basis of marksheets and certificates of High School and Intermediate, issued by U.P. Secondary Education Board, Allahabad. Other averments made in the writ petition have also been categorically denied. A rejoinder affidavit has been filed reiterating the averments made in the writ petition. This Court finds that petitioner has been appointed on the basis of certificates produced by her, which is available in the records of the District Basic Education Officer. The District Basic Education Officer has categorically stated that the certificates, which have been relied upon for the purposes of grant of appointment, are the High School and Intermediate certificates of U.P. Board, and not of Madhyama or Uttar Madhyama, as alleged. There are no allegations of mala fide levelled against the petitioner.
In view of the specific stand taken by the respondents that the certificates, which have been relied upon for the purposes of grant of appointment, are forged, and the certificates, as alleged in the writ petition, have not been filed, and are not on record, this Court feels that this is a desperate attempt on part of the petitioner to somehow hold on to the appointment by referring to the certificates, which were not originally submitted. This Court would have imposed heavy costs, but as the petitioner has already lost her appointment, this writ petition is dismissed, without imposing any costs.
Order Date :- 23.5.2016
Anil
