R.B.Misra, J. - (1.) Heard Sri Madan Lal Pal holding brief of Sri Rajesh Prasad Tiwari, learned Counsel for the petitioner and Sri Prakash Padia, learned Counsel for the respondents.
(2.) The petitioner has challenged the order dated 20.12.1997 (Annexure-10) removing the name of petitioner from waiting list after noticing discrepancies in date of birth and qualification the order dated 15.12.1995 (Annexure-13) and order dated 29.9.1999 (Anneexure-15) of respondent rejecting the representation in the light of order dated 9.2.1999 of High Court.
(3.) The petitioner applied for recruitment to the post of sub-staff under Life Insurance Corporation Ltd (in short called "Corporation") and on the basis of his application dated 14.7.1995 and the certificate and documents enclosed therein the petitioner was called for written test was held on 10.9.1995 and petitioner was interviewed on 27.9.1995 and on being declared successful he was included in the panel of O.B.C. Sub-staff for the purpose of giving appointment. The complaint was received over which an inquiry was conducted by the respondents and it was found that the petitioner studied in Chitrakoot Inter College, Karvi where he appeared in High School examination in the year 1985 with Roll. No. 566446 as a regular candidate and again in the year 1986 with Roll. No. 611801 as regular candidate where he failed in 1985 examination. The copy of the certificate granted by Shri Maharshi Balmiki Inter College, Banda is annexed hereto whereby his date of birth has been certified to be 3.1.75 as per scholar register No. S. 2197, besides the copy of the letter No. Satyapan 30/286/97-98/338, dated 25.7.1997 of the Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad is also annexed which speaks that the petitioner appeared in High School examination of 1985 with Roll. No. 566446 and obtained 225 marks out of 600 and date of birth is stated as 5.10.1970. Further, as per certificate granted on 6.3.1997 by Headmaster, Rajarshi Purushottam Das Tandon Junior High School, Chitrakooot Dhaam Nagar Palika, Karvi stating that as per the scholar register at serial No. 1987, the date of birth of the petitioner is 5.10.1970 and that he was admitted in that school on 12.7.1980 and exit date is 9.7.1983, passing Class VIII examination. And the petitioner was informed about his suppressing the facts about his education and date of birth vide letter dated 29.8.1997. Moreover, full facts in this regard have been stated above and the Hon'ble Court has perused the same. The letter of the Secretary of the Board of High School and Intermediate Education is also part of the record. It will be clear that the petitioner did appear in the High School examination in the year 1985, but failed and this fact was not disclosed by the petitioner. The petitioner approached to this Court seeking direction for getting employment, when this Court was pleased to dispose of the Writ Petition No. 2447 of 1999 on 9.2.1999 (Ram Naresh Raikwar v. Divisional Manager, LIC, Allahabad and Anr.). The petitioner's representation was disposed of in compliance to the above order dated 29.3.1999, the Manager of "Corporation" after considering the case of the petitioner has noted as below : 1. By letter dated 28.1.1998, 3.3.1998 and 16.6.1998 were received by the respondent No. 2 except a letter dated 18.9.1998 under registered post without any enclosure. 2. By Registered letter dated 29.8.1997, 17.11.1997, 20.12.1997 and again on 15.10.1998 the "Corporation" has informed that the petitioner was removed from the Panel of the O.B.C. Sub-Staff due to concealment of the date of birth and the educational qualification. 3. The petitioner was found to have been imported education from two different schools simultaneously which his contrary to each other. The details of the schools are as under : (A) Maharshi Balmiki Inter College, Khandeha, Banda where the date of birth of petitioner was mentioned as 3.1.1975 and petitioner studied upto Class IX and date of his exit from this School was mentioned as 3.6.1989 and the School Register No. was 2197. (B) Rajarshi Purushottam Das Tandon Junior High School, Karvi as per their Scholar Registration No. 1078, date of birth of petitioner was mentioned as 5.10.1970 where he studied up to Class-VIII and his date of exit from that school was 12.7.1980. 4. Secretary, Madhyamik Shiksha Parishad, he vide his letter has certified that date of birth of petitioner 5.10.1970 and he appeared in the High School exam in 1985.;