MUSTAQ ULLAH Vs. STATE OF U P
LAWS(ALL)-2014-2-172
HIGH COURT OF ALLAHABAD
Decided on February 25,2014

Mustaq Ullah Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) Heard Sri Siddharth Khare, learned counsel for the petitioner and Ms. Suman Sirohi, learned Standing Counsel for respondents.
(2.) On 14.2.2014 Sri Khare was heard at length and was directed to file a supplementary affidavit of the petitioner annexing therewith copy of the receipt of deposit of fees for appearance in the examination, admit card and other documents to demonstrate that he appeared as a private candidate in Adhikari Pariksha of 1997, alleged to have been held by Gurukul Vishwavidyalay, Vrindavan, Mathura.
(3.) Again on 20.2.2014 writ petition was heard at length and the following order was passed : "Heard Sri Siddharth Khare, learned counsel for the petitioner and Ms. Suman Sirohi, learned Standing Counsel appearing for the respondents. Pursuant to the order of this Court dated 14.2.2014, learned Standing Counsel has produced the original records. From perusal of the record, it is found that the mark sheet as well as certificate of Adhikari Pariksha as submitted by the petitioner before the concerned authorities of the year 1997 was sent for verification. On the basis of this certificate of Adhikari Pariksha, 1997 shown to be issued by Gurukul Vishwa Vidyalaya, Brindavan, Mathura, the petitioner has shown himself to possess minimum educational qualification as mentioned in the advertisement and on that basis obtained the service. A letter for verification of the aforesaid certificate and the mark sheet was sent by the respondent department to the Gurukul Vishwa Vidyalaya, Brindavan, Mathura. In response to it, the Vice Chancellor of Gurukul Vishwa Vidyalaya, Brindavan, Mathura sent the letter dated 22.5.2013 followed by another letter dated 23.10.2013 clearly stating therein that the mark sheet and Adhikari Pariksha Certificate of 1997 as submitted by the petitioner is not correct and totally forged papers. The original records were also shown to Sri Siddharth Khare, learned counsel for the petitioner and thereafter it has been returned to the learned Standing Counsel. Ms. Suman Sirohi further submits that in the impugned order the year of certificate was inadvertently typed as 2007 in place of 1997 and consequently, a correction order dated 8.1.2014 was passed by the Deputy Commissioner, Mirzapur and thus the typing mistake in the impugned order dated 26.12.2013 has been corrected. Sri Siddharth Khare has filed today a supplementary affidavit of the petitioner in which in paragraph 3 and 4, it is stated that the petitioner is not in a position to file any fee slip and admit card with regard to his Adhikari Pariksha passed from Gurukul Vishwa Vidyalaya, Brindavan, Mathura because it has been misplaced. In pargraph 5 of the affidavit, it is stated that the petitioner has the original mark sheet and certificate of Adhikari Pariksha of the year 1997 passed by him from Gurukul Vishwa Vidyalaya, Brindavan, Mathura, which shall be placed before this Court at the time of argument. In view of the specific averment in paragraph 5 of the aforesaid supplementary affidavit, Sri Siddharth Khare produced the alleged original mark sheet of the petitioner of Adhikari Pariksha, 1997 bearing Roll No. 19861 and Serial No. 15419 and the date of issue as 18.6.1997. He also produced the alleged original certificate of the petitioner of Adhikari Pariksha, 1997 bearing entry "certificate no. 1288 dated 30.7.1997". On the back side of this certificate, there is a hand written certification that entire entries of this certificate are correct and according to college records. This certification has been done on 25.7.1997. Prima facie, this certificate itself appears to be forged inasmuch as, in the certificate, the entry dated 30.7.1997, could not have been certified on 25.7.1997 coupled with the fact that the certificate as submitted by the petitioner to obtain the employment was communicated to be forged by the Vice Chancellor of the concerned Vishwa Vidyalaya i.e. Gurukul Vishwa Vidyalaya, Brindavan, Mathura. Sri Siddharth Khare seeks time to file a supplementary affidavit so as to challenge the correction order dated 8.1.2014, the copy of which has been given by learned Standing Counsel to him in Court during the course of argument. As prayed, two days' time is granted to the petitioner to file supplementary affidavit. In the supplementary affidavit, the petitioner shall explain the entries of the certificate as noted above. He shall also annex with the supplementary affidavit the copy of the mark sheet as well as the front and back page of his certificate Adhikari Pariksha, 1997. The original certificate and the mark sheet is being returned to Sri Khare with direction that the same shall be produced on the next date. As prayed, put up on 24.2.2014 in the additional cause list to enable the petitioner to file a supplementary affidavit containing the details as observed above. ";


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