Devendra Singh vs State Of U.P. And Ors.
2013 Latest Caselaw 33 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 17126 of 2013
 

 
Petitioner :- Devendra Singh
 
Respondent :- State Of U.P. And Ors.
 
Petitioner Counsel :- Amit Saxena
 
Respondent Counsel :- C.S.C.,B.P. Yadav
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Civil Misc. Stay Application No. 93514 of 2013

An argument has been raised that the claim of  respondent No. 4 of having passed his M.A. examinations by regularly appearing in the examinations on 28.4.2011, 2.5.2011 and 4.5.2011 was practicably impossible and, therefore, a finding ought to have been recorded in the impugned order  on this issue.  Learned counsel submits that this finding was necessary as the Regional Level Committee is obliged to inquire into the fitness of the candidate before granting permission.  The submission is that the conduct of the respondent no. 4 had been questioned by ample material but no finding has been returned in spite of the fact that the point has been noticed.  The respondent No. 4 cannot be treated to be eligible and possessed of the qualification and, he cannot be treated to be fit to occupy the post on the aforesaid grounds. 

Sri Yadav, on the other hand submitted that the respondent no. 4 had  appeared in the examinations after having obtained due permission from the Deputy Controller of the examination on the same day and had also evaluated the answer books.  He submits that the same was possible and was permitted and in the circumstances, the conclusion drawn in the impugned order cannot  said to be suffering  from any infirmity.

Let the respondent No. 4 file a counter affidavit within three weeks. 

Learned Standing Counsel appearing for the respondents No. 1 and 2 may also file counter affidavit within the same period. 

Rejoinder affidavit may be filed within a week thereafter.

Issue notice to respondent No. 4 returnable at an early date. 

In view of the fact that the degree possessed by the respondent No. 4 has not been annulled, prima-facie he has to be treated eligible for holding the post.  No ground is made out for any interim relief.

The stay application is rejected.

Order Date :- 1.4.2013

Priyanka

Case :- WRIT - A No. - 17126 of 2013

Petitioner :- Devendra Singh

Respondent :- State Of U.P. And Ors.

Petitioner Counsel :- Amit Saxena

Respondent Counsel :- C.S.C.,B.P. Yadav

Hon'ble Amreshwar Pratap Sahi,J.

For orders, see orders passed today on the stay application.

Order Date :- 1.4.2013

Priyanka