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Allahabad High Court
Dileep Kumar vs State Of U.P. Through The … on 2 July, 2010
Court No. - 22

Case :- SERVICE SINGLE No. - 3491 of 2010

Petitioner :- Dileep Kumar
Respondent :- State Of U.P. Through The Secy.Basic Education Lucknow
Petitioner Counsel :- Anand Kumar Srivastava
Respondent Counsel :- C.S.C.,D.R.Mishra

Hon'ble Satyendra Singh Chauhan,J.

Heard learned counsel for the petitioner and learned counsel for the BSA.

The contention of learned counsel for the petitioner is that one candidate,
namely, Ranjeet Singh Yadav was selected on the basis of forged documents.
The petitioner proceeded to move a complaint against the said person and
during the course of enquiry when it came to light that the documents of
Ranjeet Singh Yadav were forged, Ranjeet Singh Yadav submitted his
resignation against the post in question. After the resignation of Ranjeet Singh
Yadav, the post fell vacant but the petitioner has not been given appointment.

Learned counsel for the BSA states that there is a Government Order in regard
to the selection wherein it has been said that the selection process may be
stayed at the stage where it is going on, therefore, the petitioner has not been
given appointment on the said post.

It is to be noted that the petitioner applied in pursuance to the advertisement
and his name was at serial no.2 according to the merit list. He ought to have
been selected but for the reason that Ranjeet Singh Yadav succeeded on the
basis of forged documents. He ran away after submitting his resignation when
it came to his knowledge that the forgery committed by him has come to light.
The post has fallen vacant thereafter but the petitioner is not being given
appointment. The petitioner is contesting his claim all throughout but on
account of the negligent attitude of the opposite parties, he has been denied
appointment although the selection has never matured but in fact the enquiry
goes to indicate that the petitioner was the rightful person, who was to be
given appointment.

In these circumstances, Basic Shiksha Adhikari, Barabanki is directed to give
appointment to the petitioner within a week.

Order Date :- 2.7.2010

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