UMESH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner came to be appointed on the post of Shiksha Mitra on 27.12.2007. On a complaint being filed by the respondent No. 6 that the petitioner had obtained certificate of Intermediate Examination from two different boards in the same year., his appointment has been cancelled. It is contended that petitioner has obtained certificate of Intermediate Examination as private students from U.P. Board in the year 2002 and in the same year he appeared in Uttar Madhyama Examination which is an equivalent degree conducted by the U.P. Madhyamik Sanskrit Shiksha Parishad as a regular student. On this complaint being filed in addition to other grounds, respondent No. 6 has also set up his claim of preferential right for being appointed on the said post on the ground that he has working experience of Instructor. District Magistrate on coming to know all these facts cancelled the appointment of the petitioner on the ground that this was in violation of the Chapter XII of Regulation 14 appended to the Intermediate Examination Act 1921 vide order dated 6.5.2008. Aggrieved against this order petitioner preferred a Civil Misc Writ Petition No. 25348 of 2008 which was finally disposed of vide order dated 1.7.2008 and petitioner was directed to approach the District Magistrate concerned by moving detailed representation in this behalf and on the representation being moved impugned order dated 13.8.2008 has been passed by the learned District Magistrate. It is under these circumstances, the present writ petition has been filed.

(2.) Impugned order has been passed by invoking the Regulations 14 and 19 A of the Chapter XII of the Intermediate Education Act 1921. Regulation 14 of the Act provides that a candidate who wants to appear as private candidate in any examination of the Board and in any equivalent examination conducted by other body, he cannot be allowed to appear in Board Examination. Thus, a person cannot be allowed to appear as regular student if he has already appeared as private student for the same degree.

(3.) Petitioner's contention is that he has obtained certificate/degree of Intermediate Examination from U.P. Board in the year 2002 and in the same year he obtained Uttar Madhyama Examination which is an equivalent degree conducted by the UP Madhyamik Sanskrit Shiksha Parishad as a regular student. It is admitted case of the parties that certificate in respect of both the examinations qualified by the petitioner from the two different boards have been issued in his favour. On the basis of these certificate petitioner has applied for the post aforesaid and stood appointed in this behalf.