NAGENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against an order of the Director, Internal Account and Audit, Directorate, U.P. dtd. 22/12/2023, cancelling the petitioner's appointment as an Assistant Accountant. Also under challenge is an order dtd. 20/10/2023 passed by the Director aforesaid, where pending proceedings, to determine the validity of the petitioner's 'O' level computer certificate secured from the Calcutta University, disbursement of the petitioner's salary was stayed until further orders.

(2.) An advertisement, bearing No.12 of 2016, was issued by the Uttar Pradesh Subordinate Services Selection Commission, Lucknow (for short, 'the Commission'), advertising 2874 posts of Assistant Accountants, Auditors and Assistant Treasury Accountants to be filled up by direct recruitment. The selections were to be made by the Commission on the basis of a written test followed by interview. One of the essential qualifications was the possession of an 'O' level diploma certificate from a Government of India recognized institute.

(3.) It is the petitioner's case that, being eligible and qualified to be selected and appointed against one of these posts, the petitioner applied in response to the advertisement of 2016 issued by the Commission. He was issued an admit-card, permitting him to participate in the written examination. The petitioner appeared in the written examination, which he successfully passed. The petitioner says that he was directed by the Commission to produce his certificates of educational qualifications at the time of interview for document verification. The petitioner was successful in the interview and declared selected for appointment to the post of Assistant Accountant and Auditor on 16/10/2019. The result was declared by the Commission on the last mentioned date. The result dtd. 16/10/2019 mentioned that a few candidates have been conditionally selected as their 'O' level computer certificate was yet to be verified. The Commission, vide their letter dtd. 31/10/2019, directed the employers, that is to say, the Director, Internal Account and Audit, Directorate, U.P. to verify the educational qualifications and certificates of candidates before issue of appointment letters. In response to the aforesaid advice from the Secretary of the Commission, the selected candidates were directed to produce certificates of their educational qualifications in the prescribed proforma, which was done by the petitioner filling up the proforma on 17/12/2019. After verification of the petitioner's qualifications by the office of the Director, Internal Account and Audit, Directorate, U.P., the petitioner was issued a letter of appointment, signed by the Director, dtd. 16/6/2020. The petitioner was posted as an Assistant Accountant in the office of the Block Development Officer, Suriyawan, Bhadohi. The petitioner's name finds place at serial No.14 of the appointment- cum- posting letter dtd. 16/6/2020 issued by the Director. The petitioner joined service of the respondents as an Assistant Accountant on 24/6/2020.