Sanjay Kumar vs State Of U.P. And 5 Ors.
2016 Latest Caselaw 3592 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - A No. - 28983 of 2016
 
Petitioner :- Sanjay Kumar
 
Respondent :- State Of U.P. And 5 Ors.
 
Counsel for Petitioner :- Anoop Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner cleared his Intermediate in 2009 from the Board of Higher Secondary Education, Madhya Bharat, Gwalior, (M.P.).

By the impugned order, his appointment has been cancelled on the ground that he did his Intermediate from the Board of Higher Secondary Eduction, Madhya Bharat, Gwalior, M.P. It is stated in the impugned order that the petitioner's name is at serial no.1 and the candidatures of two other candidates, namely Dheeraj Kumar and Smt. Sadhna Katiyar, who names are shown at serial no.2 and serial no. 4, in the impugned order, were also terminated on the same ground. They preferred a writ petition no. 63703 of 2015 (Smt. Sadhana Katiyar and another v. State of U.P. and 5 others) wherein this Court has set aside the impugned order on the ground that the aforesaid certificate of the Board of Higher Secondary Education, Madhya Bharat, Gwalior, M.P. has been de-recognized in the year 2011 and the said decision shall not be effective with the  retrospective effect. The said certificate is on page 27 of the paper book.

Learned Standing Counsel appears for respondent nos. 1, 3, 4 and 5 while Sri Sanjay Kumar Singh appears for respondent nos. 2 and 6.

As prayed by them, six weeks time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List after expiry of the aforesaid period.

Till the next date of listing, the effect and operation of the impugned order dated 03.11.2015 passed by the respondent no. 6, in so far as the petitioner is concerned, shall remain stayed.

Order Date :- 21.6.2016

AU