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Sailesh Kumar Gupta v. State Of U.P. And Others - WRIT - A No. 20673 of 2007 [2007] RD-AH 7681 (25 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).


Court No. 39

Civil Misc. Writ Petition No. 20673 of 2007

Shailesh Kumar Gupta


State of U.P and others

Hon'ble V.K.Shukla,J.

Shailesh Kumar Gupta, petitioner has been performing and discharging duties as Assistant Teacher (L.T.) Grade at St. Andrews Inter College, Gorakhpur which is duly recognised minority institution under the provisions as contained in U.P. Act No. II of 1921. Record in question reveals that petitioner has been appointed on 25.06.1997 as Assistant Teacher(L.T) Grade for teaching Hindi and Sanskrit. Appointment letter contains categorical condition that in case at any point of time certificate filed by the petitioner are found to be forged and fictitious then appointment shall stand automatically cancelled. Complaint has been made qua the educational qualification of the petitioner. On the said complaint being made Regional Joint Director of Education has tried to get said certificates verified from the University in question. Before Regional Joint Director of Education,  two contradictory report have been submitted on 17.03.2007, in this background Regional Joint Director of Education has mentioned that let record be verified and only then payment of salary to be ensured. Pursuant to said letter Finance & Account Officer, based at the office of District Inspector of Schools, Gorakhpur has asked that till the inquiry is not completed no salary shall be paid to petitioner Sailesh Kumar Gupta and thereafter District Inspector of Schools has passed order dated 22.03.2007. Once contradictory reports are there from Gorakhpur University Gorakhpur and authorities in their wisdom have chosen to get the matter inquired, then pending inquiry order for withholding payment to the said incumbent cannot be said to be unreasonable decision. However inquiry shall not be prolonged for long-time as such Regional Joint Director of Education is directed to see that certificates/degree of the petitioner in regard to his Educational certificate is verified at the earliest preferably within three months from the date of presentation of certified copy of this order.

While noticing the pleadings, set up by petitioner, it is reflected that petition has done his Madhyama (Visharad) in the year 1983, Sahitya Ratan Uttama in the year 1985 and Uttam with Sanskrit in the year 1988, from Hindi, Sahitya Sammellan Prayag, having office at 188 Bahadur Ganj, Allahabad with Sri Dhar Shastri as it President. In the city of Allahabad there are two societies running institution in the name of Hindi Sahitya Sammellan Prayag. One society is running the institution in its old place at Sammellan Marg, and the other one is at 188 Bahadur Ganj, Allahabad. The question is as to whether petitioner has acquired his qualification, from the institution one referred to in Appendix A of Chapter II, or from totally unrecognised institution. In this regard also Director of Education, U.P. at Allahabad is directed to get enquiry conducted, within next eight weeks so that candidates from spurious, unrecognised institutions are not able to make inroad in the institutions as teachers. After enquiry is made copy of report be transmitted for follow up action by Regional Joint Director of Education

With the above direction present writ petition is dismissed.

Dated- 25th April, 2007



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