SHAMIM AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed for issuing a writ of certiorari quashing the order dated 16.6.2008 passed by Principal District Education and Training Institute Muzaffar Nagar (respondent No. 4) with the further prayer to issue a writ of mandamus directing the respondent No. 4 to permit the petitioner to complete Special B.T.C. Urdu training 2006 alongwith other candidates, who have secured 169.200% marks and got their selection.

(2.) THE facts giving rise to this case are that the petitioner applied for Special B.T.C. Urdu Training 2006, pursuant to the advertisement dated 11.9.2006 published in the daily Newspaper Amar Ujala Muzaffar Nagar, on 9.10.2006. THE copy of the advertisement as well as the petitioner's application has been brought on record as Annexures 2 and 3 to the writ petition. THE petitioner has attached the attested photostat copies of mark-sheets of High School, Intermediate and B.A., as required under the advertisement. THE petitioner has also annexed the marks-sheet of Urdu of the year 2003 issued by U.P. Madhyamik Shikha Parishad showing that he has passed Intermediate Examination in the subject of Urdu.

(3.) IT appears, after the aforesaid order was passed, the petitioner has filed a representation alongwith phtostat copy of the order of the writ petition and thereafter the respondent No. 4 passed the impugned order dated 16.6.2008 rejecting the claim of the petitioner on the ground that the petitioner did not file the marks- sheet of Urdu subject as required under the advertisement dated 11.9.2006. Further in the application form although the petitioner has mentioned that he has qualified in Adeeb examination in 2005 from Jamia Urdu Aligarh with Roll No. ADB/7082 but the date of issue of mark-sheet is blank whereas in the mark-sheet which was produced by the petitioner at the time of counselling the date of issue of marks- sheet is mentioned as of 6.2.2007. Whereas the requirement in the advertisement was that the applicant must possess the requisite qualification and marks-sheets etc., upto the last date for filing the application i.e., 11.10.2006. In this case the marks-sheet was issued to the petitioner on 6.2.2007 therefore, the petitioner was not eligible to fill up the application for Special B.T.C. Urdu Training 2006.