LAWS(ALL)-2010-5-70

KM REHANA BEGUM ANSARI Vs. STATE OF UP

Decided On May 12, 2010
KM.REHANA BEGUM ANSARI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri S. K. Chaubey, learned Counsel for the Petitioner and learned standing counsel for the opposite parties.

(2.) The Petitioner is aggrieved by an order passed by opposite party No. 2 dated 26.7.2007. The Petitioner was selected for two year Urdu B.T.C. training course and she was undergoing training when the caste certificate declaring her to belong to Other Backward Community was sent for verification to the Tahsildar', Varanasi. It is alleged that the Tahsildar reported back that the said certificate submitted by the Petitioner was not issued from his office. The Petitioner was served with a show cause notice on 20.7.2007 to be replied by her within three days for giving a detailed explanation about veracity of the caste certificate. It has been stated in the impugned order that the Petitioner, instead of submitting a reply, submitted a new caste certificate vide its No. 30360 dated 20.7.2007 and submitted the same on 21.7.2007.

(3.) It is the case of opposite party No. 2 that the first certificate submitted by the Petitioner at the time of selection since was not valid hence the marks awarded for other backward category cannot be awarded to the Petitioner, thereby reducing her in the merit list and her selection on that basis cannot remain intact. The order further says that this condition was clearly mentioned in the advertisement made in the newspaper 'Amar Ujala' dated 27.3.2006. On the basis of this reason opposite party No. 2 has cancelled her two year Urdu B.T.C. training course, 2006.