SEEMA MOURYA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition the petitioner has challenged the order dated 11.11.2004 passed Principal, District Institute of Education & Training, Robertsganj, District Sonbhaddra, Respondent no.3, by which the admission of the petitioner in the institute for undergoing the course of B.T.C. has been cancelled. A further prayer has been made for a direction in the nature of mandamus commanding the respondents to permit the petitioner to pursue her studies in the second year B.T.C. training course and to appear in the final examination.

(2.) THE main ground for cancellation of the admission of the petitioner as set out in the impugned order is that in the admission form, the petitioner had declared that she had obtained 1143/1800 marks in B.A. examination which she claims to have passed from Veer Bahadur Singh Purvanchal University, Jaunpur. After selection, the marksheet submitted by her was also to the effect that she had obtained 1143/1800 marks and on such basis she had got admission. However, on verification of the said marksheet from the respondent-University it was found to be forged and fabricated. After issuing notice to the petitioner on 29.10.2004, to which the petitioner submitted her reply on 2.11.2004 and on consideration of the same, the impugned order has been passed.

(3.) NOWHERE in the writ petition has it been stated that in the form submitted by the petitioner filled up by her at the time of seeking admission she had not declared that she had obtained 1143/1800 marks although that was the specific ground for canceling her admission. It has also not been stated in the writ petition that she had not produced the mark sheet showing that she had obtained 1143/1800 marks on the basis of which she had got admission. In paragraph 8 of the counter affidavit filed by the State-respondents it has been specifically averred that the petitioner herself filled up the data sheet in her own hand-writing and made the declaration that she had secured 1143 marks out of 1800 marks. There is no specific denial of the said assertion of the respondents.