Court No. - 32 Case :- SPECIAL APPEAL No. - 1361 of 2006 Petitioner :- Basic Shiksha Adhikari, Sant Ravi Das Nagar (Bhadohi) Respondent :- Ashok Kumar Tiwarai & Another Petitioner Counsel :- Neeraj Tripathi Respondent Counsel :- A.S. Diwekar Hon'ble R.K. Agrawal,J.
Hon’ble Abhinava Upadhya,J.
The present intra court appeal has been preferred by the Basic
Shiksha Adhikari, Sant Ravi Das Nagar against the impugned
order of the learned Single Judge dated 13.9.2006 by which the
writ petition of the petitioner has been allowed and the order of
termination of his service as Assistant Teacher dated 30.3.2002 has
been set aside.
The writ petitioner came to this Court seeking a writ of Certiorari
quashing the order dated 30.3.2002 passed by the District Basic
Education Officer, Sant Ravidas Nagar, by which appointment of
the petitioner as Assistant Teacher has been cancelled on the
ground that he had not passed Shiksha Shastri Examination and,
therefore, was not eligible candidate to be appointed as Assistant
Teacher in the institution.
Before the learned Single Judge, Sri Anil Tiwari, learned counsel
appearing for the University had made a statement that the
petitioner had actually passed Shiksha Shastri Examination but his
roll number was wrongly allotted on the mark sheet.
The fact remains that the appellant had actually passed the Shiksha
Shastri Examination and only on account of wrong mention of roll
number on the mark sheet he cannot be made to suffer, which in
any case, was the error on the part of the University authorities.
Since the mistake is accepted by the University itself, the learned
Single Judge was perfectly justified in allowing the writ petition.
We are in respectful agreement with the view taken by the learned
Single Judge and the order of the learned Single Judge does not
call for any interference.
The appeal is misconceived and it is accordingly dismissed.
Order Date :- 27.7.2010
SA