MANISH KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) HON'ble Ran Vijai Singh, J.The petitioner who happens to be recruit constable selected in the year 2006 has filed this writ petition for issuing a writ of certiorari quashing the order dated 24.8.2007 passed by the Superintendent of Police Badaun District Badaun, (the respondent No. 6) by which petitioner's selection has been cancelled by the said officer on the ground that the petitioner who possess Prathama certificate issued by Hindi Sahitya Sammelan is not equivalent to High School certificate issued by the Madhyamik Shiksha Parishad U.P., Allahabad, further the petitioner has filed false affidavit before the authorities before entering into selection that no material fact has been concealed.

(2.) THE brief facts giving rise to this case are that the petitioner pursuant to an advertisement meant for inviting the application for selection on the post of constable in the police department has applied for the same. THEreafter measurement test was held at Reserve Police Lines Badaun in the month of July/August 2005 and the petitioner was found fit. This was followed by physical test in April 2006 by the duly constituted Board, and after qualifying in the same, written examination was held in the month of May 2006. THE petitioner qualified and appeared in the interview, finally he was declared successful in the final selection. In paragraphs 5 and 6 of the writ petition it is stated that the petitioner was appointed as constable in Reserve Police Lines, Badaun on 19.6.2006 and completed his J.T.C. course in Reserve Police Lines, Badaun for a period of one month and thereafter he was sent for R.T.C. course at Reserve Police Lines, Sitapur. After completion of training the petitioner has been posted at Reserve Police Lines Badaun and thereafter at police station Usait, District Badaun on 2.8.2007. While he was working at police station Usait the impugned order dated 24.8.2007 has been served on the petitioner. THE aforesaid order has been challenged mainly on two grounds:

(3.) IN paragraph Nos. 6 and 7 of the counter-affidavit, it is stated that petitioner has shown himself to be having Prathama certificate issued by Hindi Sahitya Sammelan Allahabad, therefore, his certificate was sent for verification to Madhyamik Shiksha Parishad U.P..Allahabad with a view to verify whether it has equivalence with High School Examination conducted by Madhyamik Shiksha Parishad.