Hon'ble Krishna Murari, J.- - (1.) HEARD Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) BY means of this petition, the petitioner has challenged the order dated 31.8.2007 passed by the Senior Superintendent of Police, Jhansi dismissing him from service. The petitioner was recruited and appointed as a Constable in civil Police on 26.6.2005. After completing the training, he was posted as Constable at district Jhansi on 26.6.2006. In the month of June, 2007 he was transferred from Civil Police to Armed Police. The Director General of Police, U. P., Lucknow vide its confidential letter dated 26.9.2007 issued directions for reviewing the entire selection on some alleged irregularities being detected in holding the said selection. The Senior Superintendent of Police in pursuance of the aforesaid direction reviewed the entire selection and the deliberations in interview, physical verification, educational qualification, date of birth, health certificate and caste certificate etc. were re-examined and reverified. With regard to petitioner, it was found that High School Certificate which was produced/filed by him alongwith the application form certifying that he passed the High School Examination conducted by the U. P. Board of High School and Intermediate in 2004 from Sri Girand Singh Uchchtar Madhyamik Vidyalaya, Lohramod, Iradatnagar as a private student mentioned his date of birth as 1.1.1984. On reverification, Senior Superintendent of Police, Agra vide letter dated 2.8.2007 informed that petitioner was already having a resident in Kasba Iradatnagar, Agra and he studied in Sarvajanki Inter College, Iradatnagar, Agra as a regular student from 1988 to 1991 wherein his date of birth was recorded as 1.1.1971 and passed High School in III Division as a regular student from Dr. Karan Singh Tyagi Inter College, Rahlai, Agra and since he had become over-age, he again appear in High School Examination as a private student in 2004 mentioning his date of birth as 1.1.1984. This alleged act of the petitioner was taken as furnishing certificate showing his date of birth as incorrect at the time of recruitment. The Senior Superintendent of Police found that in such a situation, the petitioner appeared in High School examination for the second time concealing his actual date of birth and at the time of appointment he was over-age and thus ineligible and cancelled the candidature, selection and appointment of the petitioner.
(3.) COUNTER-affidavit filed by the State makes a curious and interesting reading regarding the date of birth mentioned in the High School Certificate of the petitioner. In paragraph 4, it has been stated that on verification, the Secretary, Madhyamik Shiksha Parishad, Meerut vide letter dated 6.8.2007 informed that the certificate submitted by the petitioner is genuine whereas the report submitted by the Senior Superintendent of Police, Agra goes to show that he appeared in the High School examination for the second time showing his date of birth as 1.1.1984 whereas in the earlier occasion when he passed High School examination as regular student, his date of birth was recorded as 1.7.1997. The material on which conclusion has been drawn by the Senior Superintendent of Police, Agra in his letter has not been brought on record nor it finds mention in the verification report submitted by him. It may be relevant to quote paragraph 4 of the counter-affidavit: "4. That the contents of paragraph No. 2 of the writ petition are not correct hence denied. In reply thereto it is submitted that at the time of recruitment the petitioner submitted the educational certificate and after verifications the Secretary, Madhyamik Shiksha Parishad, Meerut office by letter dated 6.8.2007 informed that the certificate which was submitted by the petitioner is genuine and report submitted by the Senior Superintendent of Police, Agra by letter No. PVR 715/07 dated 2.8.2007 in which it has been mentioned that earlier the petitioner was student of Shri Sarvjanik Inter College, Agra and in the said institution the petitioner was passed 8th Class in the year 1991 and in the school register the date of birth is recorded as 1.7.1997 thereafter the petitioner was passed High School (regular) in the year 1994 from Dr. Kama Singh Tyagi Inter College Rahlai, Agra and this fact is not disclosed by the petitioner in his affidavit which was submitted by the petitioner at the time of recruitment and concealed the material facts and the petitioner was recruited on the basis of subsequent High School passed certificate which was completed by the petitioner in which date of birth of the petitioner is mentioned as 1.1.1984 the difference about the date of birth are 6 years 4 months and it appears that the petitioner wilfully concealed the material facts for obtaining the appointment under the Police Force by making forgery therefore the authority has rightly cancelled the service of the petitioner by order dated 31.8.2007. A photo copy of the report dated 2.8.2007 is being filed herewith and marked as Annexure CA'1' to this counter-affidavit." The averments are self contradictory. U. P. Board certified that the High School certificate submitted by the petitioner was genuine whereas without any basis the Senior Superintendent of Police submitted a report that he appeared in the High School examination for the second time wherein he wrongly disclosed his date of birth as 1.1.1984. It is also to be taken note of that petitioner in paragraphs 14,15,16 and 17 of the writ petition has categorically stated that he has taken education from 1999 to 2001 from Shri Radhya Krishna Ekikrt Vidhyalaya Badanpur, Karkha, Firozabad and passed his Class VI examination in the year 1999, Class VII in 2000 and Class VIII in 2001 and the date of birth of the petitioner in the mark-sheet issued for Junior High School examination 1999 is mentioned as 1.1.1984. In support, the true copy of the mark-sheet and Transfer Certificate has been filed as Annexure "2'. Similarly in paragraphs 15 and 16 of the writ petition, it has been stated that the petitioner studied in 2002 from Thakur Tej Singh Inter College, Agra and passed Class IX examination in 2002 and he appeared in the High School examination in 2004 from Shri G. S. HSS Luhenta Mod, Agra as a regular candidate and his date of birth in the certificate is recorded as 1.1.1984.;