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2025 DAILYLAW 74008 (ALL)

PRADEEP PARIHAR v. STATE OF U.P. AND ANOTHER

WRIA/9476/2025 · 2025-09-14

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 9476 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. The instructions passed on to the Court today, are kept on record. 2. Heard Mr. Seemant Singh, learned counsel for the petitioner, Mr. Ashish Kumar Singh, learned counsel for the respondent no.2, Mr. Vivek Kumar Rai, learned counsel for the respondent no.3-University and perused the records. 3. The present writ petition has been filed inter-alia for the following reliefs:- "i. Issue a writ, order or direction in the nature of mandamus directing the District Basic Education Officer, Agra to make the appointment of petitioner on the post of Assistant Teacher in a Primary School in District Agra in pursuance of the selection of petitioner in recruitment drive of 16448 posts of Assistant Teachers undertaken by the State Government, forthwith without making any further delay on part of the District Basic Education Officer, Agra. ii. Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. iii. Award the cost of the petition to the petitioner." 4. Learned counsel for the petitioner submits that the petitioner was selected on the post of Assistant Teacher in a Primary School in District Agra pursuant to the recruitment drive for 16,448 posts of Assistant Teachers undertaken by the State Government vide the Government Order dated 16.06.2016. However, despite such selection, no appointment letter has been issued to the petitioner till date. He further submits that some first Versus Counsel for Petitioner(s) : Seemant Singh Counsel for Respondent(s) : Vivek Kumar Rai, Ashish Kumar Singh, C.S.C. Pradeep Parihar .....Petitioner(s) State of U.P. and Another .....Respondent(s) information report was lodged on 06.10.2016 alleging irregularities in the educational certificates relating to the Bachelor of Science degrees of few candidates. 5. Learned counsel for the petitioner further submits that the petitioner appeared in the Bachelor of Science examinations having Roll No.9146060286 and successfully passed the examination in the year 2009. The allegations in the FIR were with respect to discrepancies in marks as reflected in the tabulation chart prepared by the authorities and the concerned University. After investigation, a Final Report has been submitted in the aforesaid FIR. Despite the aforesaid fact and repeated representations as made by the petitioner requesting issuance of the appointment letter, nothing was done. Therefore, the petitioner has been left with no other option but to file the present writ petition. 6. On the basis of a forged or baseless complaint, an FIR was lodged concerning the petitioner's Bachelor of Science educational certificate. However, after investigation, a Final Report has been submitted in the said matter. Despite this, the appointment letter has not been issued to the petitioner till date, and no reason or information has been communicated to the petitioner in this regard. 7. Earlier, learned counsel for respondent no.3–University was granted time to verify the genuineness of the petitioner's Bachelor of Science marksheet. 8. Today, learned counsel for respondent no. 3–University, on the basis of instructions received, submits that the Bachelor of Science marksheet issued to the petitioner is genuine. It is the same marksheet, which has been submitted by the petitioner along with his application for consideration of appointment to the post of Assistant Teacher. 9. Learned counsel for the respondent–BSA submits that the delay occurred due to the earlier stand taken by the University, which had reported the petitioner's marksheet as not genuine. However, in view of the subsequent verification and the findings recorded in the new inquiry report, the respondent–BSA shall now proceed in accordance with the said report and take appropriate action in accordance with law. A copy of the said report has been handed over to both learned counsel for the petitioner as well as learned counsel for the respondent–BSA before this Court. WRIA No. 9476 of 2025 2 10. In view of the submissions made and the material placed on record, the respondent no.2, i.e., the District Basic Education Officer, Agra, is directed to verify and scrutinize all relevant documents and records pertaining to the petitioner, including the educational qualifications and any other documents submitted in support of his appointment and issue appointment letter accordingly. This exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order. 11. It is evident from the record that the petitioner has been placed in the present situation solely on account of the lapse committed by the University, which had earlier issued an incorrect report with respect to the petitioner's B.Sc. certificate. The petitioner is, therefore, at liberty to approach the appropriate forum against the University authorities for the loss suffered due to their initial fault. The Basic Education Officer or the appointing authority cannot be held liable or penalized for the error committed by the University. 12. With the aforesaid observation/direction, this writ petition is disposed of . September 15, 2025 Jitendra/- WRIA No. 9476 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad