- (1.) HON'ble Ran Vijai Singh, J.The petitioner who happens to be recruit constable selected in the year 2006 has filed this writ petition for issuing a writ of certiorari quashing the order dated 24.8.2007 passed by the Superintendent of Police Badaun District Badaun, (the respondent No. 6) by which petitioner's selection has been cancelled by the said officer on the ground that the petitioner who possess Prathama certificate issued by Hindi Sahitya Sammelan is not equivalent to High School certificate issued by the Madhyamik Shiksha Parishad U.P., Allahabad, further the petitioner has filed false affidavit before the authorities before entering into selection that no material fact has been concealed.
(2.) THE brief facts giving rise to this case are that the petitioner pursuant to an advertisement meant for inviting the application for selection on the post of constable in the police department has applied for the same. THEreafter measurement test was held at Reserve Police Lines Badaun in the month of July/August 2005 and the petitioner was found fit. This was followed by physical test in April 2006 by the duly constituted Board, and after qualifying in the same, written examination was held in the month of May 2006. THE petitioner qualified and appeared in the interview, finally he was declared successful in the final selection. In paragraphs 5 and 6 of the writ petition it is stated that the petitioner was appointed as constable in Reserve Police Lines, Badaun on 19.6.2006 and completed his J.T.C. course in Reserve Police Lines, Badaun for a period of one month and thereafter he was sent for R.T.C. course at Reserve Police Lines, Sitapur. After completion of training the petitioner has been posted at Reserve Police Lines Badaun and thereafter at police station Usait, District Badaun on 2.8.2007. While he was working at police station Usait the impugned order dated 24.8.2007 has been served on the petitioner. THE aforesaid order has been challenged mainly on two grounds: (1) THE Prathama certificate issued by the Hindi Sahitya Sammelan Allahabad is equivalent to High School certificate issued by the Mandhymik Shiksha Parishad, U.P., Allahabad. (2) the impugned order has been passed without affording an opportunity of hearing to the petitioner as the petitioner was neither associated while making the preliminary inquiry and verification of certificates from Madhyamik Shiksha Parishad or before passing the impugned order of cancellation of selection. A counter-affidavit has been filed by the State respondent sworn by one Radhey Shyam Kol, Deputy Superintendent of Police, Ujhani,District Badaun. In paragraph No. 5 of the counter-affidavit, it is stated that the Police Headquarter, Director General of Police, Uttar Pradesh has issued a letter on ' 29th June, 2007 requiring the all recruitment centres to get verify the recruit's caste certificate, educational certificate and physical fitness etc., and in case any discrepancy reveals the appointing authority was required to dismiss the recruit from service.
(3.) IN paragraph Nos. 6 and 7 of the counter-affidavit, it is stated that petitioner has shown himself to be having Prathama certificate issued by Hindi Sahitya Sammelan Allahabad, therefore, his certificate was sent for verification to Madhyamik Shiksha Parishad U.P..Allahabad with a view to verify whether it has equivalence with High School Examination conducted by Madhyamik Shiksha Parishad. Thereafter the Secretary of Board of High School and Intermediate Examination has sent verification report stating therein that Prathama certificate issued by the Hindi Sahitya Sammelan Allahabad was never granted equivalence to High School Examination conducted by Madhyamik Shikha Parishad U.P. and any Government order issued saying otherwise, are forged and frivolous. The stand taken in the counter-affidavit is that as the petitioner has filed an affidavit that in case anything transpires with regard to concealment of fact, his services/ selection can be terminated/cancelled without any notice or an opportunity of hearing.;