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2025 DAILYLAW 43412 (ALL)

PRADEEP KUMAR GUPTA v. STATE OF U.P. AND 3 OTHERS

WRIA/31785/2016 · 2025-04-29

Saurabh Shyam Shamshery

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Judgment text

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Neutral Citation No. - 2025:AHC:67896 Court No. - 6 Case :- WRIT - A No. - 31785 of 2016 Petitioner :- Pradeep Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Vats Counsel for Respondent :- Abhishek,C.S.C.,Deo Dayal,Shiv Krishna Bahadur Hon'ble Saurabh Shyam Shamshery,J. 1. None appeared on behalf of petitioner. Sri Awadhesh Chandra Srivastava, learned Additional Chief Standing Counsel is present for State-Respondents. 2. Petitioner has challenged appointment of Respondent-4 on the post of Headmaster of a Junior High School alleging that he has filed a forged experience certificate. 3. Learned Additional Chief Standing Counsel appearing for State-Respondents, by referring to contents of this writ petition, submits that only a vague averment is made in para 16, however, no substantial document is placed on record in support of above referred allegation. Para 16 of writ petition is reproduced hereinafter: “16. That the respondent No. 4 was not duly appointed on the post of assistant teacher in the Pushpa Vihar Purva Madhyamik Vidyalay Chhimiya Block Niyamtabad district Chandauli and his appointment was never approved by the District Basic Education Officer Chandauli and as such the experience certificate issued by the manager of the institution is forged.” 4. In aforesaid circumstances, since there are vague allegation against Respondent- 4 which is not supported by any substantial material, therefore, appointment of Respondent-4 cannot be questions on such vague ground. 5. The Court also takes note the counter affidavit filed by Respondent-4 wherein he has placed documents that experience certificate was not a forged document, which cannot be disputed since no rejoinder affidavit was filed despite said counter affidavit was filed in the year 2019. 6. The writ petition is accordingly dismissed. Order Date :- 30.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad