HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 22953 of 2003 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Hear Sri Siddharh Khare, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner has questioned the order terminating his services though by way of termination simpliciter on 12.05.2003 despite the fact that he was duly selected and appointed after facing and clearing the type test. 3. It is argued by Sri Khare, that in order to accommodate one Ravindra Kumar that respondents manipulated the typing test results and showed another typing test result on the same day in which Ravindra Kumar was shown to have obtained highest marks in Hindi as 89.8 whereas, it is argued, that this type-test chart does not include the name of the petitioner. The type test just appended below to this fraudulently conducted test, according to Sri Khare, itself shows Raj Kumar, namely petitioner, to have secured 74.2 marks and Sri Ravindra Kumar to have scored only 69.8 marks. He submits that the remarks column very Versus Counsel for Petitioner(s) : Ashok Khare, Vikram D. Chuahan Counsel for Respondent(s) : C.S.C. Raj Kumar .....Petitioner(s) State of U.P. and Others .....Respondent(s) much shows that the petitioners' candidature was shown to have been selected and recommended for appointment and approved also by the Principal under her seal and signature on 08.05.2003. However, suddenly on 19.05.2003 she cancelled the entire results as if there was some error, but interestingly when the second test was held on 19.05.2003 petitioner was not intimated about such test being held and it is in this test that Ravindra Kumar was shown to have succeeded. Thus, according to Sri Khare, respondents manipulated the records in order to give a back-door entry to Ravindra Singh in place of the petitioner. 4. He further argued that while this petition was entertained initially a stay order was passed by this Court on 23.05.2003, on the basis of which he continued to discharge his duties. Learned senior counsel has also drawn the attention of the Court to the supplementary affidavit dated 18.08.2014 in which the order of appointment of Ravindra Kumar in the District Industries Centre, Rampur has been brought on record as Junior Clerk-cum-Typist in the pay scale of Rs.3050-75-3950-80-4590. Alongwith supplementary affidavit, the confirmation order of the petitioner in service dated 30.03.2013 has also been brought on record. 4. In the given facts and circumstances when the respondents were fully aware of this petition and corresponding interim protection granted and petitioner had been made to continue in service, coupled with the fact that the other person whose selection was claimed by the respondent against the vacancy in question, had already been appointed in the District Industries Centre, Rampur WRIA No. 22953 of 2003 2 vide order dated 17.10.2007 and the fact that the petitioner had been confirmed in service, I see no justification for the impugned order of termination of service, may be simplicitor in nature, to continue. 5. Accordingly, writ petition succeeds and is allowed. The order dated 12.05.2003 is hereby quashed. Petitioner since now has been confirmed in service, shall continue to discharge his duties as such and shall be provided with all service benefits as admissible in law. September 15, 2025 Deepika WRIA No. 22953 of 2003 3 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad