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Neutral Citation No. - 2025:AHC:108744 Court No. - 52 Case :- WRIT - A No. - 9124 of 2025 Petitioner :- Sunil Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Seemant Singh, learned counsel for the petitioner, Ms. Archana Singh, learned counsel for respondent nos.2 and 3 as well as learned Standing Counsel for respondent nos.1 & 4 and perused the record. The writ petition has been filed with the following prayer:-
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.03.2025 issued by the Secretary, U.P. Basic Education Board, Prayagraj whereby directives have been issued to the District Basic Education Officer, Ghazipur for cancellation of the certificate of the petitioner relating to 2 years BTC Training qualification course through Secretary, Examination Regulatory Authority, U.P., Prayagraj. ii. Issue a writ, order or direction in the nature of mandamus directing the District Basic Education Officer, Ghazipur not to act upon the impugned
order dated 27.03.2025 issued by the Secretary, U.P. Basic Education Board, Prayagraj with regard to cancellation of the certificate of petitioner relating to 2 years BTC Training qualification course. iii. Issue a writ, order or direction in the nature of mandamus directing the District Basic Education Officer, Ghazipur to allow the petitioner to submit his joining on the post of Assistant Teacher in a Primary School in District Ghazipur in pursuance of the appointment order dated 16.10.2020 issued by the District Basic Education Officer, Ghazipur."
Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of part time Instructor and while working on the aforesaid post, he completed his B.T.C. course in the year 2017. The petitioner applied for the post of Assistant Teacher against the 69,000 vacancies which were duly advertised by the State Government. Pursuant thereto, the petitioner was selected and an appointment letter was duly issued to him on 16.10.2020 by the District Basic Education Officer, Ghazipur (respondent no.3) and he was allotted Primary School, Bakaspura, Block Mohammadabad, District Ghazipur. It is further submitted that certain complaints were made with respect to the selections made in connection with the
aforesaid advertisement. Pursuant to the aforesaid, the respondent no.3-District Basic Education Officer, District Ghazipur wrote a letter to respondent no.2-Secretary, Basic Shiksha Parishad, Prayagraj on 04.11.2020. In the case of petitioner, an observation has been made that the petitioner has obtained forged B.T.C. training certificate as while pursuing the two years B.T.C. training court, he also worked as instructor.
Learned counsel for the petitioner has placed reliance upon circular dated 18.01.2021 issued by the Director, School Education, U.P. He further submits that after obtaining the B.T.C. training course, the petitioner being eligible, applied in and was selected on the post of Assistant Teacher in the recruitment drive of 69,000 posts of Assistant Teachers initiated by Government Order but his joining was withheld as there was some complaint about the certificate of B.T.C. training qualification which he completed during 2015-2017 while working as part-time instructor for teaching the subject of Arts for three periods in Upper Primary School, Wazidpur, Block- Koilsa, District- Azamgarh as engaged by District Basic Education Officer vide contractual order dated 23.07.2013 and also as required by the orders passed by this Hon'ble Court and the Apex Court wherein scrutiny of the appointments and certificates were to be made, no decision was taken by the Secretary U.P. Basic Shiksha Parishad, therefore, Writ-A No.15941 of 2021 (Sunil Kumar Yadav vs. State of U.P. And 2 Others) was filed. During the pendency of the aforesaid petition, it has been informed by the learned counsel for the respondents that decision has already been taken by Secretary, U.P. Basic Shiksha Parishad on 27.03.2025. In these circumstances, the aforesaid writ petition was disposed of by the Hon'ble Court concerned vide order dated 02.04.2025 with the direction that the decision dated 27.03.2025 be communicated to the petitioner within three weeks, giving liberty to the petitioner to avail available remedies against the aforesaid order. At the very outset, Ms. Archana Singh, learned counsel for respondent nos.2 and 3 submits that the letter dated 27.03.2025 is only a communication by Secretary, U.P. Basic Education Board, Prayagraj requiring the District Basic Education Officer, Ghazipur to ensure the matter regarding scrutiny of the B.T.C. training course of the petitioner be resolved after taking report with regard to validity of B.T.C. training certificate from the Secretary, Examination Regulatory Authority, U.P., Prayagraj.
Learned counsel for the petitioner could not dispute the fact that respondent no.4 has not passed any order till date.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to respondent no.4 to pass an appropriate order regarding validity of qualification of B.T.C. training course of the petitioner within a period of four weeks from today, by reasoned and speaking order, in accordance with law, after affording an opportunity of hearing to both the parties.
Order Date :- 9.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad