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RAJAN ROY
Chandra Shekhar Dwivedi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJAN ROY, J.
1. The petitioner who was selected and appointed as Assistant Teacher in a basic school has challenged the order dated 19.06.2021 by which his selection was reviewed and the same was cancelled leading to passing of an order of the same date i.e. 19.06.2021, cancelling his appointment, as also the subsequent order dated 23.11.2021 passed by Secretary, Basic Education Board on the representation of the petitioner in pursuance to judgment of this Court dated 27.07.2021 passed in his writ petition filed earlier.
2. The facts of the case in brief are that the petitioner applied for such selection and appointment as Assistant Teacher in a basic school in 2019. He was selected and called for counseling. During counseling, it was found that there was some discrepancy in the marks mentioned by him in his application form pertaining to B.Ed degree and those mentioned in his original marksheet. Accordingly, the appointment letter was not issued. On 04.12.2020, a Government Order was issued as there were several candidates who had incorrectly filled-up the form, some of whom had mentioned lesser marks than what they had secured actually just as in the case of the petition
on a reading of the Government Order and Circulars applicable it is quite clear that wherever a candidate had put himself in a disadvantageous position as stated above his candidature shall not be ca....
Candidates who fill incorrect marks that disadvantage them should not have their candidature cancelled, while those who gain an advantage through errors may face disqualification.
The candidature of a candidate is liable to be cancelled only if the candidate puts himself/herself in an advantaged position by committing a mistake while submitting the online application form.
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
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
An educational marksheet cannot be deemed forged without proper inquiry and substantial evidence, while public appointment must adhere to merit-based selection principles under natural justice standa....
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