Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15759 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner and Sri Shishir Tiwari, learned Standing Counsel for State-respondents.
2. Petitioner is in the zone of consideration for promotion from Assistant Teacher to the post of Lecturer along with respondent no.5. One of the qualification for eligibility to said post is MA degree. Petitioner is disputing MA degree of respondent no.5 on a ground that it has been obtained without any permission and leave, by participating in the examination whereas he has shown his presence in the college on relevant date and time, for which he has also been given salary. In support of his submission, learned Senior Counsel has placed reliance on documents annexed along with this petition. He submits that concerned respondent be directed to conduct an enquiry and pass a consequential order in this respect, including cancellation of MA degree.
3. I have considered the above submissions. The source of documents, enclosed along with this petition, is not disclosed, whereas they are mainly correspondence between the University and the College. Otherwise also, this Court is of opinion that petitioner cannot challenge degree obtained by respondent no.5 on above ground at the stage when respondent no.5 is also under zone of consideration for promotion. A roving enquiry cannot be conducted at the instance of the petitioner. It is up to College to take note of any dispute of degree of respondent no.5 and Versus Counsel for Petitioner(s) : Ajit Dwivedi, Shivendu Ojha, Sr. Advocate Counsel for Respondent(s) : C.S.C. Piyush Kumar .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s)
to make a complain before concerned University, which can pass any
order only after hearing respondent no.5 and till then, degree of respondent no.5 is valid and he cannot be ousted from zone of
consideration for promotion on the request of the petitioner.
4. The employer has also not initiated any enquiry at their level, therefore also relief sought cannot be granted. At this stage, there is no allegation that degree of respondent no.5 is a forged document. The complaint at instance of the petitioner is, therefore, rejected.
5. Present writ petition is disposed of with aforesaid observations. October 28, 2025 Manish Himwan WRIA No. 15759 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad