Court No. - 18 Case :- WRIT - A No. - 22140 of 2010 Petitioner :- Rajesh Kumar Pandey And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramesh Upadhyay Respondent Counsel :- C. S. C.,Dhirendra Singh,K. S. Kushwaha Hon'ble Arun Tandon,J.
Petitioners before this Court seek quashing of the order of District Magistrate, Ballia dated
26.2.2010 passed in compliance to the order of the writ Court dated 2.12.2009 passed in Writ
Petition No.65398 of 2009. The District Magistrate under the impugned order has recorded that
Anil Kumar Chauhan has been appointed on the basis of quality points received by him after
Chattu Ram had resigned.
The District Magistrate has found that Anil Kumar Chauhan, respondent no.4 neither enclosed
any certificate of his having worked as Anudeshak earlier nor he was selected on that basis.
Therefore, the claim of the petitioners that the appointment of Anil Kumar Chauhan was based on
forged document is misconceived.
Challenging the order, Rajesh Kumar Pandey submits that the District Magistrate has not
examined the record of Gram Shiksha Samiti which specifically mentions that Anil Kumar
Chauhan was being selected on the basis of his having worked as Anudeshak earlier.
Subsequently the certificate pertaining to his work as Anudeshak was found forged and therefore,
Chattu Ram was appointed. It is stated that one Chattu Ram has resigned from the post then the
benefit of appointment can revert back to Anil Kumar Chauhan because of his being next in merit
after Chattu Ram, in as much as his selection was earlier cancelled because of forged documents
having been filed.
I have heard learned counsel for the petitioner and learned Standing counsel for the State-
respondents.
I am of the considered opinion that the aforesaid facts have completely been ignored by the
District Magistrate while passing the impugned order. He should have examined as to whether
the Gram Shiksha Samiti had selected Anil Kumar Chauhan in preference of Chattu Ram earlier
on the basis of his having enclosed the certificates qua working as Anudeshak or not. If it was
found that Anil Kumar Chauhan was selected in preference to Chattu Ram because of such
certificate which was subsequently found to be forged resulting in appointment of Chattu Ram
then after resignation of Chattu Ram, Sri Anil Kumar Chauhan could not have been appointed as
Shiksha Mitra, in as much as his case stand excluded because of filing of forged document.
In view of the aforesaid let the District Magistrate examine for the original records of Gram
Shiksha Samiti and decide as to whether Anil Kumar Chauhan was earlier recommended for the
post of Shiksha Mitra on the basis of his having worked as Anudeshak earlier or not. It is
admitted by Anil Kumar Chauhan before this Court that he has not worked as Anudeshak and he
has not claimed any appointment on that basis.
The order impugned shall abide by the order passed by the District Magistrate to be passed after
affording opportunity of hearing to the parties. Such an exercise be completed within six weeks
from the date a certified copy of this order is filed before District Magistrate.
Writ petition is disposed of.
Order Date :- 10.5.2010
Kpy