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2025 DAILYLAW 41248 (ALL)

KAMLESH KUMAR GAUTAM v. STATE OF U.P.AND OTHERS

WRIA/51709/2012 · 2025-04-06

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49915 Court No. - 6 Case :- WRIT - A No. - 51709 of 2012 Petitioner :- Kamlesh Kumar Gautam Respondent :- State Of U.P.And Others Counsel for Petitioner :- A.L. Tiwari,Devansh Misra,Keshari Kumar Tiwari,Raghuvansh Misra Counsel for Respondent :- Nisheeth Yadav,Rajnish Kumar Srivastava Hon'ble Saurabh Shyam Shamshery,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This Court has passed the following order on 06.04.2023:- " Heard Sri Devansh Mishra, learned counsel for the petitioner and Sri Girijesh Tripathi, learned Standing counsel on behalf of the respondent no. 1, 2 and 3. It is the case of the petitioner that he has been appointed over the post of Assistant Teacher after adopting the due process of selection but after the gap of near about 5 years the services of the petitioner has been terminated on the ground that he sought the appointment on the basis of the forged and fictitious educational certificates. In the intermediary event before the order of termination, the result of class 10th pertaining to the petitioner has been cancelled by the Regional Secretary Madhyamik Shiksha Parishad,U.P Regional Office, Varanasi. The sole question arises for adjudicating the grievances as put up through the instant petition with regard to challenging the order of termination but without having the requisite qualification of class 10th no ground is available at present for seeking the prayer as made in the petition. For the above mentioned purposes, the amendment has been sought by the learned counsel for the petitioner by way of amending the paragraphs, grounds as well as prayer. In spite of the order dated 13.12.2022 through which the amendment application preferred by the petitioner has been allowed but the same has not been carried out within stipulated time as granted by this Court. On the prayer as submitted by the learned counsel for the petitioner one week and no more time is further allowed to carry out the necessary incorporation in pursuance to the amendment application over the petition so that the same may be replied by all official respondents in shape of detailed counter-affidavit within three weeks thereafter. List this case thereafter." 3. The result of the petitioner of Class 10th was cancelled by Madhyamik Shiksha Parishad, therefore, a challenge to it is not cognizable by this Bench. 4. This writ petition is disposed of with liberty to the petitioner to file a fresh writ petition before the appropriate Bench and on basis of its further outcome he have a liberty of challenge the termination order. 5. Accordingly, the writ petition is disposed of. Order Date :- 7.4.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad