- (1.) 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.
(2.) 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.
(3.) 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.;