Allahabad High Court
Vijay Kumar Yadav vs State Of U.P. And 2 Ors. on 2 December, 2022
Bench: Manoj Misra, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- SPECIAL APPEAL No. - 233 of 2014
Appellant :- Vijay Kumar Yadav
Respondent :- State Of U.P. And 2 Ors.
Counsel for Appellant :- Ashok Kumar Rai
Counsel for Respondent :- C.S.C.,R.P. Shukla,V.B. Mishra
Hon'ble Manoj Misra,J.
Hon'ble Vikas Budhwar,J.
This intra court appeal is against the judgment and order of the learned Single Judge, dated 06.02.2014, in Writ-A No.7434 of 2014, dismissing the writ petition of the writ petitioner as barred by laches.
A perusal of the record would reflect that Writ-A No.7434 of 2014 was a second innings of the petitioner in this Court. The first writ petition, namely, Writ-A No.6153 of 2002, filed by the petitioner against the cancellation of his appointment on ground that the certificate produced by him was forged, was allowed by order dated 10.05.2011 requiring the opposite parties to make an inquiry after verifying the concerned certificate from Sampurnanand Sanskrit Vishwa Vidyalaya, Varanasi. Pursuant to the order dated 10.05.2011, a fresh exercise was carried out. On 08.08.2012, the Deputy Registrar (Examinations), Sampurnanand Sanskrit Vishwa Vidyalaya, Varanasi submitted a report that the Shiksha Shastri Degree set up by the writ petitioner of the year 1992 with Roll No.31 is not verifiable from the records. Consequent to the said report, by a detailed order dated 09.08.2012 the District Basic Education Officer, Sant Ravi Das Nagar (Bhadohi) rejected the representation of the petitioner by returning a categorical finding that the degree set up by the petitioner was forged and therefore the order of cancellation of appointment was justified.
Writ-A No.7434 of 2014 was filed by the writ petitioner by claiming that in the previous round of litigation the report called from Sampurnanand Sanskrit Vishwa Vidyalaya, Varanasi was in respect of Roll No.482 whereas petitioner's roll number was 31 and, now, by manipulation in the records the record concerning Roll No.31 was altered just to non suit the claim of the writ petitioner. It was also claimed that there was a similar Shastri Degree in question of one Ashok Yadav who filed a separate petition, namely, Writ-A No.26156 of 2002 in which the records of the University were called for and his degree was found verifiable therefore, it appears to be a case where the University has manipulated the records.
We have heard learned counsel for the parties. Even though we may not agree with the view of the learned Single Judge that the writ petition was barred by laches but, on merits also, we do not find any substance in the above submission as there is no allegation of mala fides against any officer of the University and no officer of the University has been impleaded by name. Moreover, the verification of a degree is to be on the basis of records available in the institution. According to the report of the institution, the degree is not verifiable. We cannot in exercise of powers arising out of writ jurisdiction assess the correctness of the report and record finding that the writ petitioner is holder of Shastri degree, particularly, when the University refutes it.
In view of the above, even though we may not entirely agree with the view of the learned Single Judge that the writ petition was liable to be dismissed as barred by laches but we do not wish to interfere with the order dismissing the petition for the reasons recorded above.
The appeal is dismissed.
Order Date :- 2.12.2022
AKShukla/-
