CHANDRA SHEKHAR DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) The petitioner who was selected and appointed as Assistant Teacher in a basic school has challenged the order dtd. 19/6/2021 by which his selection was reviewed and the same was cancelled leading to passing of an order of the same date i.e. 19/6/2021, cancelling his appointment, as also the subsequent order dtd. 23/11/2021 passed by Secretary, Basic Education Board on the representation of the petitioner in pursuance to judgment of this Court dtd. 27/7/2021 passed in his writ petition filed earlier.

(3.) The facts of the case in brief are that the petitioner applied for such selection and appointment as Assistant Teacher in a basic school in 2019. He was selected and called for counseling. During counseling, it was found that there was some discrepancy in the marks mentioned by him in his application form pertaining to B.Ed degree and those mentioned in his original marksheet. Accordingly, the appointment letter was not issued. On 4/12/2020, a Government Order was issued as there were several candidates who had incorrectly filled-up the form, some of whom had mentioned lesser marks than what they had secured actually just as in the case of the petitioner. Accordingly, a procedure was prescribed by the said Government Order for dealing with such cases. Based on the said Government Order dtd. 4/12/2020 which, in fact, has been taken into consideration by Hon'ble the Supreme Court in Writ Petition (Civil) Nos.1308 of 2020 'Abhinav Kardam vs. State of U.P. and Ors.' where the Apex Court directed the concerned authorities to place the cases of the petitioners therein for consideration in terms of the Office Memorandum dtd. 4/12/2020 and 10/12/2020, the District Level Committee scrutinized cases of all such candidates including the petitioner and opined that the petitioner is entitled to be offered appointment. Accordingly, appointment letter was issued to the petitioner on 27/1/2021.