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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Rajbanshi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Mahesh Chandra Tripathi, J.-Heard Shri Sujeet Kumar, learned counsel for the petitioner-appellant; Shri Devesh Vikram, learned Additional Chief Standing Counsel alongwith Shri Fuzail Ahmad Ansari, learned Standing Counsel for State respondents and Mrs. Archana Singh, learned counsel for respondent Nos. 4 and 5.
2. The instant intra Court appeal is directed against the judgment and order dated 29.3.2024 passed by learned Single Judge in Civil Misc. Writ Petition No. 4883 of 2024 (Rajbanshi v. State of U.P. and others). For ready reference, the operative portion of the judgment and order dated 29.3.2024 is reproduced as under :
13. In present case, undisputedly, petitioner was not careful in disclosing her marks in online form and has wrongly mentioned marks obtained in Graduation and BTC.
14. Undisputedly, it is not a case of the petitioner that subsequently her marks were changed after scrutiny, re-evaluation or back paper by the University or by issuing authority on its own.
15. In Ashutosh Kumar Srivastava (supra) a Division Bench has followed Jyoti Yadav (supra) a judgment passed by Supreme Court wh
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.
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....
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....
Candidates must accurately fill application forms; errors cannot be rectified post-submission to uphold recruitment integrity.
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....
Point of Law : As delay in disposal of the writ petitions would further entail delay in conclusion of the process of selection.
Point of law: If any candidate discloses/ declares his/ her details erroneously without having relevant documents supporting the same, his/ her candidature shall be cancelled
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