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2025 DAILYLAW 104983 (ALL)

AMIT KUMAR VERMA v. STATE OF U.P. AND 4 OTHERS

WRIA/16460/2024 · 2025-03-11

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36885 Court No. - 4 Case :- WRIT - A No. - 16460 of 2024 Petitioner :- Amit Kumar Verma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Awasthi,Rajesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State- respondents. 2. Petitioner who was appointed as District Co-ordinater Girls Education, District Jalaun on 27.08.2024 and joined the same, claimed to have been wrongly terminated from employment on the ground that upon verification of Diploma Certificate in Management, it was found that to be valid for self-employment. 3. Learned counsel for the petitioner has assailed the order on the ground that firstly, no opportunity of hearing was afforded to the petitioner to explain his certificate and further and secondly an old report dated 20.08.2018 was relied upon, whereas, as per the new Board Meeting Resolution dated 16.06.2022, such Diploma Certificates are valid for both private and self-employment. Copy of this document has been brought on record as Annexure No.12 to the petition. 4. Learned Standing Counsel has tried to defend the order for reasons assigned therein, however, he could not explain as to whether the petitioner was accorded any opportunity of hearing in the matter or not. 5. Having heard learned counsel for respective parties and having perused the record, in may view, it is true that upon verification of credentials, if any doubt occurs, then candidature of such a candidate deserves to be rejected. However, once the person has joined the services and if upon verification, certificates are taken to be not as per the requirement or meeting qualifications for a candidate to hold a position, then in such circumstances, at least an opportunity ought to have been offered to the incumbent. 6. Admittedly, petitioner's diploma is of the year 2020 and the Resolution of the Board, which has been relied upon is of the year 2018. Once the institution itself in its Board Meeting has passed Resolution on 16.06.2022 much before the selection and appointment of the petitioner, there ought to have been given weight. 7. In such circumstances, therefore, I hereby provide that petitioner shall have an opportunity to make a representation annexing therewith Resolution of Board Meeting dated 16.06.2022 in support of his Diploma Certificate in Management. In the event, he makes such a representation within 4 weeks, the same shall be considered and disposed of in accordance with law within a further period of one month, after giving full opportunity of hearing to the petitioner. 8. The impugned order terminating the services of the petitioner dated 26.09.2024 shall abide by the decision to be taken by the authority in the matter afresh. 9. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 12.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad