- (1.) THIS writ petition has been filed by the petitioner seeking quashing of the order dated 4.7.2007 and for a further direction to the respondents to issue appointment letter to the petitioner for the post of Shiksha Mitra of Primary School, Laxmipur, Gram Panchayat Bhojapur and send him for training.
(2.) THE facts of the case, in brief, are that an advertisement was published in the news paper on 20.2.1994 inviting applications for appointment on the post of Shiksha Mitra. THE petitioner alongwith others submitted his application alongwith testimonial of his educational qualifications. Upon selection, other persons who were also selected have been sent for training but the petitioner was not sent for training. He therefore filed writ petition no. 52729 of 2006 which was disposed of by this Court with a direction to the District Magistrate Ballia to decide the petitioner matter expeditiously. When the order was not complied with within the time granted, a contempt petition was also filed being contempt petition no. 1435 of 2007 in which notices were issued to the respondent no. 2. Subsequently, the District Magistrate in compliance of the order of this Court dated 21.9.2006 passed the impugned order dated 4.7.2007 rejecting the representation of the petitioner for being sent for training and holding that the petitioner had appeared twice in the high school examination by disclosing a different date of birth which was contrary to the rules and, therefore, the petitioner had no claim for appointment on the post of Shiksha Mitra. Heard Shri Adarsh Bhushan holding brief of Shri Kritikar Pandey, learned counsel for the petitioner, Shri Prem Shanker appearing on behalf of respondent no. 5 and Shri Munis Ranjan Tiwari holding brief of Ram Kumar, learned counsel appearing for the respondent no. 6 and the learned standing counsel for the respondent nos. 1,2 and 3. The sole ground, for rejecting the claim of the petitioner for being appointed on the post of Shiksha Mitra and his claim for being sent for training, is that the petitioner had appeared in the high school examination in the year 1999 by disclosing his date of birth as 1.1.1984 and which he is stated to have qualified from the Acharya Narendra Dev High School, Bahaura and that he had again appeared in the high school examination in the year 2004 from Ram Nath Pathak Inter College, Murarpatti, Ballia by disclosing his dae of birth as 1.1.1988 and thus the petitioner had tried to obtain two certificates of high school by disclosing different dates of birth which was not permissible in law.
(3.) THE impugned order dated 4.7.2007 is stated to be passed upon a report of Tehsildar, Bahariya dated 8.2.2007. In this report the Incharge Tehsildar has stated that he has not only considered the documentary evidence but also an opportunity of hearing to the complainants as well as the petitioner was given and they were heard. From a perusal of this report dated 8.2.2007 it is seen that the Incharge Tehsildar has also visited the village where the petitioner Suryajeet Maurya was stated to have been residing. THE report confirms that upon investigation from the other villagers of the said village it was verified that in the said village there was only one person known as Suryajeet Kumar Maurya whose date of birth is stated to have been 1.1.1984 and who had completed his high school examination in the year 1999 from Acharya Narendra Dev Uchchtar Madhyamik Vidyalay, Bahaura, Ballia. So far as the other person namely Sujeet Kumar Maurya son of Shri Bhoop Narain is concerned, it was categorically denied by the villagers that there was any such person residing in the village. The Incharge Tehsildar in his report dated 8.2.2007 has also confirmed that he made enquiries from the Acharya Narendra Dev Uchchtar Madhyamik Vidyalay, Bahaura Ballia and it was confirmed that it was the petitioner Suryajeet Maurya who had qualified the High School Examination in the year 1999 and that his date of birth is 1.1.1984. So far as the other person Surjeet Kumar Maurya son of Bhoop Narain is concerned and stated to have completed his high school from Ram Nath Pathak Inter College, Murarpatti, Ballia, from the verification of the records of the said college it was found that there was no such record in existance to show that any person by the name of Surjeet Kumar Maurya son of Bhoop Narain had ever studied in Ram Nath Pathak Inter College, Murarpatti, Ballia.;