Mohd. Azhar vs State Of U.P. And 3 Others
2014 Latest Caselaw 1695 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 26536 of 2014
 

 
Petitioner :- Mohd. Azhar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- V.K. Singh,D.K. Singh,M.S. Ansari
 
Counsel for Respondent :- C.S.C.,Sayyad Nadeem Ahmad
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioner has challenged the order dated 29.3.2014 (Annexure-7 to the writ petition) by which appointment of the petitioner as Urdu Teacher  in an institution run and managed by the Basic Shiksha Parishad has been cancelled on the ground that the petitioner has done High School privately in the year 1989 and has completed his Intermediate in the year 1990, whereas according to Regulations, between High School and Intermediate there should necessarily be a gap of at least two years and therefore, it has been held that one of the degree either of the High School or of the Intermediate is a forged degree.

Sri G.K.Singh, learned Senior Advocate assisted by Sri P.K.Singh, learned counsel appearing for the petitioner submits that in the year 1985 the petitioner had qualified in an examination which is "Munshi examination" and is duly recognized as equivalent to High School as mentioned at Serial no.71 of Regulation II of Chapter-14 of Part-B of the Regulations framed under the Intermediate Education Act, 1921 (in short the Act).

According to the learned counsel for the petitioner, the petitioner has done is intermediate on the basis of passing of "Munshi examination" in the year 1985 and not on the basis of High School Examination  which he appeared privately in the year 1989. This aspect of the matter has not been looked into by the authorities while cancelling the appointment of the petitioner.

The matter requires consideration.

Let a counter affidavit be filed indicating therein  as to whether the "Munshi examination" passed by the petitioner in the year 1985 which the petitioner claims to have passed  is actually equivalent to the examination of High School  and if "Yes"  then how can the the degree of Intermediate Examination can be said to be forged?

Sri Sayyad Nadim Ahmad, learned counsel has put in appearance on behalf of respondent nos. 3 and 4. Learned Standing Counsel represents respondent nos. 1 and 2.

The respondents may file counter affidavit within one month.

List  thereafter.

Order Date :- 13.5.2014

SKM