DILIP GUPTA, J. - (1.) This Special Appeal has been filed under Chapter VIII Rule 5 of Allahabad High Court Rules against the judgment dated 11 May 2010 of a learned Judge of this Court by which Writ-A No. 2686 of 2008 filed by the appellant to assail the order dated 11 December 2007 passed by the Senior Superintendent of Police, Muzaffarnagar confirming the earlier order dated 11 October 2007 for cancelling the selection of the appellant as a temporary recruit belonging to the Other Backward Class (OBC) category, has been dismissed.
(2.) It transpires that the appellant responded to an advertisement dated 23 July 2005 and submitted an application for recruitment as a constable. The appellant claimed that he belonged to the OBC category and with the application form submitted a caste certificate said to have been issued by the Tehsildar-Sikarpur. On the basis of the said caste certificate enclosed with the application form and in view of the undertaking given by the appellant that his selection can be cancelled without providing any notice in case any information supplied by him is found to be false, the appellant was recruited on temporary basis. On verification from the office of District Magistrate, Bulandshahr, it was found that the caste certificate submitted by the appellant with the application form was a forged certificate since the Tehsildar Sikarpur reported that such a certificate had never been issued from his office. The Senior Superintendent of Police, Muzaffarnagar, therefore, by order dated 11 October 2007 cancelled the selection of the appellant.
(3.) This order was assailed by the appellant by filing Writ Petition No. 53619 of 2007. The contention of the appellant was that there was mistake on the part of the appellant in mentioning that the appellant was a resident of Village Sadarpur, Police Station-Salempur, Tehsil-Sikarpur, District-Bulandshahr, whereas the appellant is a resident of Village Sadarpur, Police Station Salempur, Tehsil Baran, District-Bulandshahr. This petition was disposed of on 31 October 2007 with a direction to the Senior Superintendent of Police, Muzaffarnagar to pass a fresh order within a month, if the appellant files an application. The relevant portion of the order is reproduced below :- "Learned counsel for the petitioner submitted that petitioner has applied for the post of constable. Along with the application form, he has annexed caste certificate. When the department enquired about the caste certificate and other relevant information of the petitioner, it was informed by the Tehsil Sikarpur that no person of this name was found to be living there. Learned counsel for the petitioner further submitted that there was mistake on the part of the petitioner because he has mentioned that petitioner is resident of village Sadarpur, Post police Station Salempur, Tehsil Sikarpur, District Bulandshahar, whereas the petitioner is resident of village Sadarpur, post police Station Salempur, Tehsil Baran, District Bulandshahar. In this circumstances, he prays for that the impugned order deserves to be quashed by this court in exercise of jurisdiction under Article 226 of the Constitution of India. Be that as it may, since there is no fault either on the part of the petitioner or on the part of the authorities concerned in passing the impugned order, but the fact remains that the petitioner has suffered because of mistake that he has committed in filling up the name of his Tehsil in the application form. Considering the facts and circumstances of the case as also in the interest of justice, it direct the senior Superintendent of police, Muzaffarnagar to enquire the residence of the petitioner from the address given in this writ petition treating the petitioner to be resident of village Sadarpur, Post Police station Salempur, Tehsil Baran, District Bulandshahar and in case the authority comes to the conclusion that what the petitioner has mentioned in the writ petition is correct, he shall pass a fresh order in accordance with law. For this purpose, petitioner will file an application before the Senior Superintendent of Police, Muzaffarnagar along with the certified copy of this order within a period of two weeks from today and the Senior Superintendent of Police concerned will decide the petitioner's application within one month thereafter." With the aforesaid direction, this writ petition is finally disposed of." ;