Allahabad High Court
Ajeet Gaur vs State Of U.P. Thru. Addl. Chief ... on 22 August, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- WRIT - C No. - 4693 of 2022
Petitioner :- Ajeet Gaur
Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Of Secondary Education Lko. And Others
Counsel for Petitioner :- Saurabh Kumar Yadav,Moti Lal Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned Counsel for the petitioner and learned Standing Counsel.
In terms of the order passed by this Court on 25.07.2022, the instructions which have been received are taken on record.
The contention of the Counsel for the petitioner is that the name of the mother of the petitioner Savitri Devi and that of the father is Ram Pal, however, in the High School examination record, the name of the mother was wrongly recorded as Sarvati Devi and the name of the father was recorded as Ram Lal Gaur.
He argues that Ram Lal Gaur is the uncle of the petitioner with whom the petitioner was staying and studying at that point of time and the name of Ram Lal Gaur was recorded as guardian. He drawn my attention to the subsequent intermediate education which the petitioner took in the year 2010 wherein the name of the mother of the petitioner was rightly recorded as Savitri Devi and that of the petitioner was rightly depicted as Ram Pal
It is claimed that when the petitioner joined the service, the discrepancies in the High School and Intermediate record was noticed, as such, the petitioner moved an application for necessary corrections in the names which was initiated rejected as being beyond limitation.
The petitioner preferred a writ petition before this Court being Writ Petition No.6592 (MS) of 1990 wherein this Court was pleased to set aside the order dated 16.10.2017 with directions to reconsider the application of the petitioner in accordance with law on the basis of the documents adduced.
The Counsel for the petitioner argues that after the judgment of this court dated 02.09.2021, the petitioner approached and along with the said produced before the authority concerned, the copy of the intermediate examination record and subsequent revenue record which clearly depicts the name of the mother as Savitri Devi and that of the father as Ram Pal. However, despite the same documents, the impugned order has been passed on 10.03.2022 rejecting the request of the petitioner mainly based upon the perusal of the records of the school and by observing that the petitioner could not produce the relevant record to demonstrate that the name of the father of the petitioner was Ram pal and that of the mother was Savitri Devi.
The instructions produced today by the learned Standing Counsel are to the same effect.
Considering the directions given by this court vide judgment dated 02.09.2021, it was incumbent upon the respondents to have verified the proof with regard to the name of the mother of the petitioner and that of the father of the petitioner based upon the educational documents.
The Counsel for the petitioner had produced the copy of the intermediate examination certificate as well as subsequent graduate certificate to adequately demonstrates that the name of the mother was Savitri Devi and that of the father was Ram Pal.
In view of the said documents, the respondents ought to have allowed the application and the respondents has erred in going into the past school record without appreciating the fact that the name of the petitioner appears in all the subsequent record as well as in the land record as claimed by the petitioner.
In view of the said, the impugned order dated dated 10.03.2022 is not sustainable and is set aside.
The respondent no.2 is directed to make the necessary corrections in the High School Certificate of 2008 in respect of the petitioner, by incorporating the name of the mother as Savitri Devi and that of the father as Ram Pal which is in consonance with the Intermediate Certificate issued to the petitioner in the year 2010. The exercise shall be completed within a period of four weeks from the date of filing of the application along with this order.
The writ petition is allowed in terms of the order aforesaid.
Order Date :- 22.8.2022
akverma
