Point of Law: Appellant has failed to make out a case for issuance of a writ in the nature of mandamus commanding the respondents to rectify the mistake made by her in her online submission

JUDGMENT :

1. Heard Sri Sharad Pathak, learned counsel for the petitioner, Sri Ran Vijay Singh, learned counsel for the opposite party nos.1, 2, 3 & 5 and Sri Shivam Sharma, learned counsel for the opposite party no.4.

2. By means of the writ petition, the petitioner has assailed the order dated 19.06.2021 passed by opposite party no.4 by means of which the petitioner's appointment on the post of Assistant Teacher in 69,000 Primary Teacher has been cancelled. The petitioner has also assailed the decision dated 19.06.2021 passed by opposite party no.5 by means of which the District Selection Committee has taken decision of cancelling the appointment of the petitioner.

3. The precise submission of learned counsel for the petitioner is that while filling up the application form, he indicated his marks for Intermediate education passed in the year 2009 as 352 out of 500 in place of 332 out of 500 marks. As soon as the petitioner came to know about such bonafide mistake, he has requested the authority concerned to permit the petitioner to make such correction saying that he may provide original certificate/marksheet of the interim examination.

4. Learned counsel for the petitioner has further submitted that had the petitioner been filled up the correct marks of Intermediate as 332 out of 500, he would have been selected for the post of Assistant Teacher. Further, filling up more marks than he has obtained in the Intermediate was not extended any undue advantage to the petitioner, therefore, his candidature should have not been rejected on the basis of Government Order dated 05.03.2021 (Annexure No.26).

5. Learned counsel for the petitioner has also submitted that the appointment of any Assistant Teacher can be cancelled on the basis of Government Order dated 05.03.2021, if any marks have been filled up by the candidate without having any documentary evidence to that effect and that information provides any undue advantage to such candidate but in the present case the petitioner is having his original mark sheet and certificate of the Intermediate Examination and the marks so filled up by the petitioner is not extending any undue advantage, in as much as he would have been selected if he had filled up the correct marks. Therefore, learned counsel for the petitioner submitted that in the interest of justice petitioner could have been permitted to correct the bonafide mistake, thereby permitting the petitioner to discharge the functions for which selection letter was issued to him.

6. Learned counsel for the petitioner lastly submitted that when the petitioner has been selected on the post of Assistant Teacher and has been permitted to submit his joining on such post then his appointment could not have been cancelled on the basis of principle of estopple and the bonafide mistake of the petitioner might be permitted to be condoned.

7. Per contra, Sri Ran Vijay Singh and Sri Shivam Sharma as learned counsel for the opposite parties have cited the judgment of Apex Court in the case of (Rahul Kumar Vs. State of U.P. & Ors.) referring para-4 thereof, whereby the Hon'ble Apex Court has considered the Government Order dated 05.03.2021 and vide para-7, the said Government Order has been upheld which reads as under :-

"4. Subsequently, the State issued Government Circular dated 05.03.2021 (‘the Circular’, for short) which further elaborated paragraph 1 of Point No.2 as stated above. The relevant portion of the Circular was to the following effect:

“2. In continuation of the recommendations dated 13-12-2020 of the Committee which were brought to your notice vide the letter dated 15-01-2021, the opinion of the legal and personnel department were sought. On the basis of the recommendations of the legal and personnel department, the following have been decided to be acted upon:-

(1) In context of Recommendations of the Committee at Point-1 in reference to more marks mentioned:-

The candidates who has submitted the application form on the basis of certificate