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RAMENDRA NATH SHUKLA versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Ramendra Nath Shukla v. State Of U.P. & Another - SPECIAL APPEAL No. 499 of 2007 [2007] RD-AH 8067 (30 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.32

Special Appeal No.499 of 2007

Ramendra Nath Shukla .....Appellant

Versus.

State of U.P. & others .....Respondents

*****

Hon'ble S. Rafat Alam, J.

Hon'ble Rakesh Sharma, J.

This intra Court appeal, under the Rules of the Court, is preferred against the judgment of the Hon'ble Single Judge dated 26.2.2007 dismissing the petitioner-appellant's Civil Misc. Writ Petition No.11786 of 1995.

We have heard learned counsel for the appellant and the learned Standing Counsel for the State-respondents.

It appears that the appellant appeared in the selection for appointment as Constable in the year 1993. However, the certificate of dependent of freedom fighter, furnished by him, on verification was found to be fake as the District Magistrate, Allahabad informed the Superintendent of Police, Budaun that the same has not been issued from his office. Consequently, his candidature was cancelled.  The aggrieved appellant preferred the aforesaid writ petition for issuance of a writ of mandamus commanding the respondents to treat his certificate of dependant of freedom fighter as valid one and declare his result on that basis. The Hon'ble Single Judge having heard the learned counsel for the parties dismissed the writ petition on the ground that the certificate of dependant of freedom fighter on the strength of which he appeared in the selection process having been found forged and fake his candidature has rightly been cancelled and relief for declaration of result of the selection process cannot be granted.

Learned counsel for the appellant, however, sought to argue that the certificate regarding dependant of freedom fighter filed by the appellant is genuine and was actually issued from the office of the District Magistrate, Allahabad and thus, his candidature has wrongly been cancelled.  We do not find force in the submission.  In the counter affidavit filed on behalf of the respondents it has been averred that the petitioner-appellant applied against the vacancy advertised on 4.4.1995 and he also submitted a certificate of dependent of freedom fighter. He appeared in the written examination as well as in the physical test. Thereafter, he was called for interview.  However, when his certificate of dependant of freedom fighter, furnished by him, was found forged, his candidature was cancelled. It has also been averred in the counter affidavit that the Superintendent of Police, Budaun made a query from the office of the District Magistrate, Allahabad about genuineness/correctness of the certificate of dependent of freedom fighter. The District Magistrate, Allahabad in reply dated 16.7.2003 informed that the said certificate was never issued from his office. The correspondence made between the Superintendent of Police, Budaun and the District Magistrate, Allahabad is enclosed as Annexure 2 to the counter affidavit. In the rejoinder affidavit though the petitioner has denied the averments made in the counter affidavit but in support thereof did not bring any material or evidence on record whereupon it could be inferred that the alleged certificate was actually issued from the office of the District Magistrate, Allahabad.  Where the issuing authority denies issuance of certificate from his office, no reliance can be placed on the same and, therefore, no relief, in the absence of conclusive evidence or material on record, can be granted.

We, therefore, do not find any reason to differ with the view taken by the Hon'ble Single Judge. The appeal, being without merit, is dismissed.

Dated:30.4.2007

SKM


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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