Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74071 Court No. - 6 Case :- WRIT - A No. - 20510 of 2019 Petitioner :- Roobi Shakya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- Bhanu Pratap Singh,Bhanu Pratap Singh Kachhawah,C.S.C.,Gagan Mehta,Sanjay Kumar Srivastava Hon'ble Saurabh Shyam Shamshery,J.
1. This Court has passed following order on 16.12.2020 :-
“Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1 & 2, Sri Sanjay Kumar Srivastava, learned counsel for respondent nos. 3 & 4 and Sri Avneesh Tripathi,
learned counsel for respondent no. 5.
Learned counsel for the petitioner submits that similar matter is engaging attention of the Court in Writ A No. 13785 of 2019 in which Court was pleased to stay the impugned order vide order dated 13.09.2019, which is not disputed by learned counsel for all the respondents. Under such facts and circumstances of the case, connect this case along with Writ A No. 13785 of 2019 and list on the date fixed in the connected matter showing the name of Sri Avneesh Tripathi as counsel for respondent No. 5. In the meantime, the effect and operation of the impugned order dated 30.11.2019 passed by District Basic Education Officer, Etah shall be kept in abeyance in terms of the order dated 13.09.2019 passed in Writ A No. 13785 of 2019.”
2. Sri Arun Kumar Singh, learned counsel for petitioner and Sri B.P. Singh Kachhawah, learned counsel for respondents are in agreement that present writ petition may be disposed of in terms of judgment dated 29.04.2020 passed in Writ A No. 190/2020 (Smt. Neelam Chauhan vs. State of UP and others) and other connected
writ petitions including above referred Writ A No. 13785/2019. 3. In view of submissions made by learned counsel for parties, this writ petition is disposed of in terms of above referred judgment, specifically in terms of direction made at serial no. (x) and for reference, same is quoted below :-
“(x) to meet the ends of justice the respondent University is directed to conclude entire proceedings in accordance with law in matters of tampered mark-sheet, within six months from today and pass reasoned order/ orders and upload it on its official website. The respondent University within a week thereafter shall send a copy of the decision to the Secretary U.P. Basic Education Board, the concerned petitioners and the concerned District Basic Education Officers. For a period of six months or till orders as aforesaid are passed, whichever is earlier, no coercive action shall be taken against the petitioners falling under the list of tampered mark sheets, but payment of salary to them shall be made after their mark sheets/degrees are found genuine. Those
petitioners
whose
B.Ed.
Marksheets/degrees are held by the respondent - University to be tampered, their impugned orders of cancellation of appointments/dismissal from service passed by the concerned District Basic Education Officers, shall stand affirmed and the State- respondents shall be free to take further action in accordance with law, if any, including recovery of benefits obtained by such petitioners under the interim orders of this Court. Those petitioners whose marksheets/degrees are found genuine by the respondent University, their order of cancellation of appointment/dismissal from service shall be recalled by the concerned District Basic Education Officers within one week from the date of receipt of decision of the respondent University. The period of six months as aforesaid has been granted to the University keeping in mind the lock-down period and other hardships due to Pandemic COVID-19. However, liberty is granted to the University to apply for extension of time for strong and cogent reasons.”
Order Date :- 7.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad