Allahabad High Court
Rupali Mishra @ Rupali Shukla vs State Of U.P. And 6 Ors on 31 October, 2014
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 59
Case :- WRIT - A No. - 58025 of 2014
Petitioner :- Rupali Mishra @ Rupali Shukla
Respondent :- State Of U.P. And 6 Ors
Counsel for Petitioner :- Sundeep Agrawal
Counsel for Respondent :- C.S.C.,A.K. Yadav,Mrigraj Singh,Rajesh Khare
Hon'ble Rajan Roy,J.
Heard learned counsel for the petitioner, Sri Mrigraj Singh, learned counsel for respondent no. 6, Sri Rajesh Khare, learned counsel for respondent no. 7 and learned standing counsel for the State.
Petitioner herein had appeared in the selection for Assistant Teacher in secondary basic school and as per requirement of the recruitment conditions, he deposited the original testimonials before the official concerned.
The submission is that she is also eligible for being considered for Trainee Teacher in Primary School and for this selection also the original testimonials are required to be submitted, counseling for which is scheduled to commence w.e.f. 3.11.14.
Her grievance is that since her original testimonials are lying deposited with the officials concerned in connection with the selection of Assistant Teacher in secondary basic school, she will be deprived from being considered for the post of Trainee Teacher, therefore, she should be allowed to submit self attested photostat copies of the testimonials and on the basis thereof she should be allowed to appear in the counseling.
Learned Standing Counsel has placed before this Court a letter of the Director, State Educational Research and Training Board, Uttar Pradesh dated 17.10.2014, whereby the decision of the Secretary Basic Education Department, U.P. has been circulated to all concerned, wherein it is provided that the candidates be required to furnish photostat copies of the testimonials duly attested by the Gazetted Officer and the original testimonials be returned to them after comparing the same with the said attested copies. It further provides that at the time of appointment the candidates be required to furnish original testimonials and the same shall be examined before allowing them to join.
The difficulty in the instant case is that no Gazetted Officer will attest the photostat copy without perusing the original document and since the original documents are lying deposited with the official concerned in connection with the selection of Assistant Teacher in secondary basic school, it is not possible for the petitioner to get the photostat copies attested.
In the circumstances of the case, this writ petition is disposed of by providing that the petitioner shall be allowed to appear in the counseling for the Trainee Teacher scheduled to commence w.e.f. 3.11.14 on the basis of self attested photostat copies of his testimonials, which will be subject to verification at appropriate stage immediately after he gets back the original testimonials and submits the same before the authority concerned, provided he is otherwise eligible for appearing in the counseling.
Concerned authority shall ensure that the original testimonials deposited by the petitioner with the officials concerned are returned back to him within a reasonable time after due verification in terms of the decision of the State Government dated 16.10.2014 as circulated vide aforesaid letter dated 17.10.14.
Let a certified copy of the order be supplied to the learned counsel for the petitioner today.
Order Date :- 31.10.2014
SKS
