Surendra Kumar Gautam vs State Of U.P. And 4 Ors.
2014 Latest Caselaw 734 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 345 of 2014
 

 
Appellant :- Surendra Kumar Gautam
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Appellant :- Bipin Kumar Agarwal,B.R. Mishra
 
Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
 

 
Hon'ble Sheo Kumar Singh,J.

Hon'ble Attau Rahman Masoodi,J.

Heard learned counsel for the appellant,  Sri T.M. Khan, learned counsel who appeared for respondent no. 4 and learned Standing Counsel for State authorities.

There is delay of 96 days in filing this appeal.

The explanation offered for condonation of delay is satisfactory.

Thus, we hereby condone the delay and proceed to decide the appeal on merits.

The submission advanced by the learned counsel for the appellant is to the effect that inclusion of selected candidate was by adopting fraudulent means and on the discovery of fraud, the selected candidate offered resignation consequently the whole select list stood frustrated at the behest of a candidate who aught not to have been selected.

We express our concern about such tactics adopted by the selected candidates, which should have been looked into  at an appropriate stage during the selection process.

We may observe that as and when fresh selection takes place, the  precautionary  exercise  to check  the educational certificates offered by the candidates in the event of their selection may be carried out before making appointment so that the purpose of selection is not unduly frustrated.

With these observations, this appeal is disposed of.

Order Date :- 9.4.2014

M.A.A.

(A.R. Masoodi, J. )      ( S.K. Singh, J. )