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Bajpayee Vijay Devi v. State Of U.P. And Others - WRIT - A No. 17550 of 2007 [2007] RD-AH 6093 (4 April 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble V.K. Shukla, J.

Learned Standing Counsel has accepted notice on behalf of respondents no. 1 and 2. Sri S.K. Verma, Advocate, has accepted notice on behalf of respondent no. 3 and 5. Sri V.K. Singh, Advocate, has accepted notice on behalf of respondent no. 4.

Issue notice to respondent no. 6.

Each one of the respondents is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List on 12.07.2007. On the next date fixed respondent no. 6 shall give specific reply as to under what circumstance and contingency he has changed his date of birth from 13.09.1985 to 13.09.1986.

It has been contended by the petitioner that she applied for consideration of her claim for being appointed as Shiksha Mitra. Petitioner submits that one Vinda Singh, respondent no. 6 was regular student of High School from Pandit Dayashanker Shukla Inter College Bhainsauly Fatehpur in academic session 1999-2000. He failed in the said examination and thereafter he again appeared in aforesaid examination in academic session 2000-01, and again he was declared failed. On both occasion date of birth of respondent no. 6 has been shown as 13.09.1985. Petitioner has contended that thereafter large scale manipulation has been made by respondent no. 6 in regard to procuring his High School Certificate as he has been shown as regular student of KS HSS KANEMAY Tanda, Kaushambi. In the said examination his date of birth has been shown as 13.09.1986.

Once on two occasion petitioner's date of birth has been shown as 13.09.1985 then as to under what contingency his date of birth has been changed from 13.09.1985 to 13.05.1986,and under what contingency petitioner appeared as regular candidate from another school. On this score detailed inquiry is required from Secretary Madhyamik Shiksha Parisad, U.P. at Allahabad.

In these circumstance, Secretary Madhyamik Shiksha Parisad, U.P. at Allahabad is directed to make detailed inquiry on this aspect of the matter and submit his report by the next date fixed.  

Consequently Vinda Singh, respondent no. 6 is not permitted to function as Shiksha Mitra unless and until clouds are clear qua manipulations made by him.

Copy of this order be supplied to learned Standing counsel for follow up action.    

4th April, 2007



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