- (1.) M. Katju, J. Heard counsel for the parties.
(2.) THIS writ petition has been filed against the impugned appointment order dated 8-12-1990, Annexure- VI to the peti tion and the order approving the appoint ment of respondent No. 3 as lecturer in Hindi in the college in question. In this case on 6-11-1996 I directed the case to be listed on 19-11-1996 and the counter-affidavit to the amendment ap plication may be filed by that date and fur ther directed that no further time will be granted for that purpose However, no counter affidavit has been filed to the amendment application. It appears that there is an Inter mediate College named as Horil Rao Inter College, Kunwarpur, Jaunpur. On the retirement of one Sobha Nath Upadhyay as Hindi lecturer on 30-6-1990 the vacancy oc curred on the post of lecturer in Hindi. The petitioner was the senior most L. T Grade teacher and he has alleged that he was fully qualified for appointment as lecturer. The petitioner made request to respondents 1 and 2 to appoint him as lecturer but no head was paid to his request and illegally respon dent No. 3 was appointed on 8-12-1990 vide Annexure-6. By an amendment application the petitioner alleged that the respondent No. 3 had submitted a forged mark-sheets regarding 'shastri' examination from Sampurnanand Sanskrit University, Varanasi of the year 1986 vide paragraph 5 and 6 of the supplementary affidavit in support of the amendment application. By an interim order dated 23- 1- 1991. This Court had directed that until a regularly selected can didate by the Commission joins the post, the petitioner will be promoted as lecturer in Hindi in the College provided he satisfies all the eligibility qualification and there is nothing against his conduct and the im pugned order, dated 8-12- 1990 was stayed.
(3.) SINCE no counter-affidavit has been filed to the amendment application, the facts alleged in the supplementary affidavit in support of the said application have to be treated as correct once I hold that the ap pointment of respondent No. 3 was illegal as it was obtained by submission of forged and fictitious mark sheet. Hence the impugened order dated 8-12-1990 and 5-2-1991 are set aside. The respondents are directed to con sider the petitioner for promotion as lec turer in accordance with law expeditiously. The petition is allowed. No order as to costs. Petition allowed. .;