Mritunjay Kumar Tiwari v. State Of U.P And Others

Hon'ble V.K Shukla, J.

Petitioner has approached this Court with request to quash the order dated 28.5.2013 passed by the Regional Level Committee, headed by Joint Director of Education Varanasi Region, Varanasi declaring appointment of the petitioner being based on forged and fictitious documents and asking for recovery of the amount in question.

In the district of Jaunpur, there is an institution known as Adarsh Inter College Etayen, District Jaunpur. Affairs of said institution in question is governed by U.P Act No. 2 of 1921, the Regulations framed thereunder Provisions of U.P Act No. 24 of 1971 are also applicable and teaching/non-teaching staff is assured its salary under the said provision. Petitioner submits that there has been seven posts of Class IV employee sanctioned in the institution concerned and on the occurrence of the vacancy of two posts of Class IV post, in order to fill up two posts of Class IV employee, District Inspector of Schools granted permission on 9.9.2008 Petitioner has stated that post in question was advertised and Selection Committee was constituted. Thereafter, petitioner has been selected and then said appointment was approved by the Regional Level Committee on 18.2.2009 Thereafter, District Inspector of Schools has been intimated on 24.2.2009 and then petitioner starting receiving his salary. Thereafter, it appears that complaint had been made that educational certificate of the petitioner was fictitious as same was based on forged mark sheet and then Joint Director of Education proceeded to pass order on 11.11.2008 cancelling the appointment of petitioner.

Mritunjay Kumar Tiwari filed Civil Misc. Writ Petition No. 5586 of 2011 and this Court, as said order has been passed without providing any opportunity of hearing to him, proceeded to pass order that Regional Level Committee should take fresh reasoned order after hearing the petitioner and Management till then order dated 11.11.2010 may not be implemented and given effect to. Relevant portion of order is being extracted below:-

“However, on the basis of some complaint, the impugned order dated 11.11.2010 has been passed by the Joint Director of Education, Varanasi Region, Varanasi holding that the petitioner's appointment was based on forged mark sheet and that the reserved quota has not been filled up.

From the order, it is apparent that the said order was passed without any notice or opportunity to the petitioner and this is also the case of the petitioner in various paragraphs. It is also apparent that the approval was granted by the Regional Level Committee but there is nothing to suggest in the impugned order that the order was passed or ratified by the Regional Level Committee but has been passed in the capacity of Joint Director of Education, Varanasi Region, Varanasi. In view of the aforesaid, the Regional Level Committee, Varanasi Region, Varanasi may take a fresh decision after hearing the petitioner and the management and pass a reasoned order within a period of six weeks from the date of receipt of a certified copy of this order and till then, the order dated 11.11.2010 may not be implemented.

It is clarified that the Court has not examined the merits of the claim of the petitioner.

With the aforesaid direction, this petition is finally disposed off.

Thereafter, based on the same, Regional Level Committee has considered the matter and has found mark sheet of the petitioner to be fictitious and petitioner once again is before this Court.

Sri A.K Sinha, learned counsel for the petitioner contended with vehemence that in the present case no fraud has been committed by the petitioner, as he has passed Class-8 from Rana Pratap Uchch Vidyalaya, Belsara Dev Aurangabad, and at no point of time he had ever appended any certificate of C.T Montessori School, Varanasi of having Class-8 passed and in view of this correct opinion has not been formed and as such writ petition deserves to be allowed.

Countering the said submission, learned Standing Counsel on the other hand contended that this is a glaring case of fraud and manipulation and based on fictitious documents, petitioner succeeded in getting appointment, and once petitioner has been fully exposed, then no relief or reprieve can be given.

After respective arguments has been advanced, factual position which has so emerged in the present case that petitioner had applied for consideration of his candidature and application form was required to be filled up in the prescribed format, and alongwith application form, documentary evidence was also required to be appended. Categorical finding of fact has been returned that along with application form, petitioner has appended certificate of Class-8 passed from C.T Montessori School of the year 1994-1995 with Roll No. 111 and date of birth is 1.7.1993, and said certificate in question was also duly certified by the Principal of Adarsh, Inter College Etayen, District Jaunpur. In the record so available, it has been found that same has been signed by the petitioner and then by District Inspector of Schools and then by the then Principal of the institution. Once documents have been found to be forged, then petitioner started claiming that he had not at all appended certificate, rather he has appended certificate of Rana Pratap Uchch Vidyalaya, Belsara Dev Aurangabad, Bihar, and even the said certificate was signed by Manager, and that too undated and current Principal had not at all signed. In such a situation Regional Level Committee has concluded that petitioner has manipulated things. Coupled with this in the proceedings, which has been on going, petitioner was asked to appear in person to verify the document which has been so appended, but the petitioner at the said point of time did not appear to substantiate the aforementioned documents. Once such is the factual situation, then this Court cannot come to the rescue or reprieve of the petitioner.

Consequently, present writ petition is dismissed.