MANJIVE SHUKLA
Garima Vashishtha – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Siddharth Khare, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No. 1 and 2 as well as Smt. Archana Singh, learned counsel appearing for the Respondents No.3 and 4.
2. Petitioner through present writ petition has challenged the order dated 3.12.2022 passed by the District Basic Education Officer, Budaun, whereby appointment of the petitioner on the post of Assistant Teacher in Primary School Khiriya Rahlu, Block Jagat, District Budaun has been cancelled with effect from the date of her initial appointment.
3. Facts of the case, in brief, are that Secretary, Examination Regulatory Authority, U.P. Pyrayagraj published an advertisement thereby applications were invited from the eligible candidates for Assistant Teacher Recruitment Examination, 2019. The aforesaid examination was conducted for making appointments on 69,000 posts of Assistant Teacher in primary schools run by U.P. Basic Education Board, Prayagraj.
4. Petitioner submitted her online application and she was allotted Registration No.0300067918. The petitioner pursuant to her application appeared in the Assistant Teacher Recruitment Examination, 20
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
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.
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
Candidates should not be penalized for minor discrepancies in reported marks if such discrepancies do not affect the overall merit list, as per the provisions of the relevant government orders.
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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