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Kailashi Devi (Smt.) v. State Of U.P. & Others - WRIT - A No. 21641 of 2006 [2006] RD-AH 16033 (14 September 2006)


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Court No. 38

Civil Misc. Writ Petition No. 21641 of 2006

Kailashi Devi


State of U.P. and others

Hon'ble V.K. Shukla,J.

Petitioner was appointed as Aaganbari Karyakatri. Serious dispute was raised qua educational qualification of the petitioner. Show cause notice has been issued to the petitioner on 15.12.2005. Thereafter on the basis of report which was received the engagement of the petitioner has been cancelled on 20.03.2006. At this juncture present writ petition has been filed.

Sri Syed Wajid Ali, counsel for the petitioner contended with vehemence that certificate furnished by petitioner were true and genuine certificate and account of party politics of the village one Vinod Kumar lodged complaint, as such entire action undertaken against the petitioner is liable to be quashed.

Learned Standing counsel on the other hand petitioner's claim was based on the totally forged and fictitious documents, as such no interference be made with the impugned order and writ petition is liable to be dismissed.

After respective arguments have been advanced factual position which is emerging is that complaint was made qua the educational certificate of the petitioner. Chief Development Officer on 21.06.2005 asked the District Development Officer to get the matter examined. Petitioner in spite of the opportunity being afforded at no point of time furnished any material to substantiate her claim qua her educational qualification. Principal of Visambarnath Janta Inter College, Ratanpur Navtanwa, Maharajganj has also gave report that certificate which was furnished by the petitioner are not at all issued to the petitioner by him.

Alongwith supplementary affidavit petitioner has sought to bring on record the reply to the show cause notice dated 15.12.2005 and in the said reply at no place petitioner has given any mention qua her educational qualification and much emphasis has been laid by her that Vinod Kumar is instrumental qua the same. Petitioner before this Court has tried to take stand that she has produced all the original certificate and further the certificate which has been found to be incorrect same has not been issued by the Principal and same has not been produced by her at any point of time. It has also been asserted that she has passed her Class 6 to 8th from Jai Kishan Uchchtar Madhyamik Vidyalaya Sakatpur Sanai Pratalaya Tetari Bazar, District Basti. Reply dated 19.12.2005 does not talk of the aforesaid fact. Thus, all these facts are clearly after thought of the petitioner to proceed in the direction of fresh manipulation, once petitioner has been trapped.

In the fact and circumstances of the case present as reply dated 19.12.2005 does not talk all these facts, consequently this Court refuses to interfere with the impugned order as such writ petition is dismissed.




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