Court No. - 30 Case :- WRIT - A No. - 66450 of 2008 Petitioner :- Rajesh Kumar Dubey Respondent :- State Of U.P. & Others Petitioner Counsel :- D.K. Pandey,S.K. Pandey Respondent Counsel :- C.S.C.,Anuj Kumar,K.S. Kushwaha,Ram Ji Singh Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner, learned counsel for
the respondent no. 5 and learned standing counsel for the
State as well as learned counsel for the Basic Shiksha
Parishad.
The challenge is to the order dated 2nd December, 2008.
The writ petition was entertained and the operation of the
said order was stayed.
The District Basic Shiksha Adhikari in the impugned order
while cancelling the petitioner’s selection and appointment
as Shiksha Mitra has held that two different dates of birth are
mentioned in respect of the petitioner according to the
documents supplied by him and, therefore, since the
petitioner has taken advantage by changing his date of birth
as such the selection deserves to be cancelled.
Learned counsel for the petitioner contends that the only
requirement under the Government Order is that a candidate
should not be above the age of 30 years as on the first date
of July of the year of recruitment in which selection has to be
made.
In the instant case, the date of birth as mentioned by the
petitioner is indicated in the records as produced by him.
Learned counsel for the petitioner contends that even if the
other date of birth as referred to by the complainant is taken
into account, the petitioner is not disqualified.
The aforesaid argument is correct. The discovery of another
date of birth on the basis of any material which does not
alter the eligibility of the petitioner is only an exercise of envy
to dislodge the petitioner. The same has no adverse legal
impact which has not been appreciated by the District
Magistrate. The order has been passed treating it to be an
incident involving a cognizable offence. This is a strange
reasoning for non-suiting the petitioner without considering
his explanation.
The impugned order dated 02.12.2008 is therefore quashed.
The writ petition is allowed with a direction to the
respondents to allow the petitioner to continue as Shiksha
Mitra, if he is not disqualified otherwise.
Order Date :- 21.7.2010
Akv