Allahabad High Court
Ajit Kumar Shukla vs State Of U.P. Thru ... on 16 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 8614 of 2019
Petitioner :- Ajit Kumar Shukla
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu. Lucknow And Ors.
Counsel for Petitioner :- Anand Mani Tripathi
Counsel for Respondent :- C.S.C.,Ajay Kumar,Jyoti Sikka
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
In compliance of order dated 08.04.2019 passed by this Court, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has produced the instructions dated 15.04.2019 preferred by the Secretary, Board of Secondary Education, U.P., Prayagraj addressing to the learned Chief Standing Counsel, High Court, Lucknow, the same is taken on record.
By means of the aforesaid instructions, the Secretary has apprised that the petitioner whose Roll No. is 09008439 has obtained only 54 marks out of 150 marks, therefore, he was declared failed.
On being asked about his certificate showing that he is a failed candidate getting 54 marks out of 150 marks, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has apprised the Court that as per the policy / rules the failed candidates are not issued the certificate.
This Court is unable to comprehend this fact as to why the failed candidates are not issued any certificate.
Thereafter on a pointed query to the effect that the certificate bearing Serial No.3133052 belongs to one Divya D/o Sri Dinesh Kumar Shukla of general category getting 94 marks out of 150 marks and the Roll Number is 09001822, Sri Ran Vijay Singh has submitted that it is a forged certificate being filed by the petitioner inasmuch as in the said certificate Roll Number and name has been interpolated.
Since the photocopy of the certificate bearing Serial No.3133052 has not been produced on the pretext that no photocopy of the certificate is being preserved in the Board and the certificate of the petitioner was not produced for the reason that failed candidates are not issued a certificate as per policy/ rules, therefore, the Secretary, Board of High School & Intermediate Education, U.P., Prayagraj shall file his/her personal affidavit to that effect so that the Court could pass further order in the issue inasmuch as the factum of fraud has been alleged against the petitioner.
List this petition on 29.04.2019 at 2:15 p.m. to enable the learned Additional Chief Standing Counsel to file the personal affidavit of the Secretary, as aforesaid.
It has been noted that the Secretary, Board of High School & Intermediate Education, U.P., Prayagraj is not impleaded in the array of opposite parties even then he/she shall file his/ her personal affidavit as directed above so as to assist the Court to arrive at the logical conclusion of the issue in question.
Order Date :- 16.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
