REVTI PRASAD MAURYA Vs. SECRETARY MADHYAMIK SHIKSHA PARISHAD

JUDGEMENT

(1.) PETITIONER, by this petition under Article 226 of the Constitution of India, prays for issuance of a writ, order or direction in the nature of certiorari quashing the letter dated 24.12.90 issued by the Secretary, Madhyamik Shiksha Parishad, U. P., Allahabad and the duplicate mark-sheet of High School Examination, 1991 dated 9.10.1991.

(2.) THE brief facts giving rise to the present petition are that the petitioner appeared in the High School Examination from Hub Lal Inter College, Baluganj, Agra (hereinafter referred to as the college) as a regular student. He was declared to have passed the said examination in Second Division and subsequently, the mark-sheet and certificate of High School were also Issued to him. THE transfer certificate from the said college was also issued in which the petitioner was shown to have passed the High School Examination. On the strength of the aforesaid certificate, petitioner took ;admission in Government Training Institute, Agra in the year 1984 and has successfully completed the said training. THEreafter, in the year 1986 he appeared in the Intermediate examination as a private candidate and Roll Number 454471 was allotted to him. In the said examination also, the petitioner was declared to have passed and mark-sheet and certificate were also issued. THEreafter, petitioner took admission in apprenticeship training course in Hindustan Aeronautics Limited (Lucknow Division, Lucknow) and completed one year of the said training from the said institute. A certificate was also issued regarding aforesaid training from the said institute in favour of the petitioner. THE petitioner was thereafter selected for the post of Instrument Mechanic (Optical) and was selected for appointment by the Commandment 509, Army Base Workshop, Agra. THE petitioner submitted his original certificates and mark-sheets before the Commandment. It is stated that Commandment, 509, Army Base Workshop sought verification of the said certificates from respondent No. 1. and the Principal of the college. THE Principal has verified that the petitioner passed his High School Examination in Second Division and also issued a certificate to that effect, which is contained as Annexure XIV to the writ petition but the respondent No. 1 appears to have written to the Commandment, Army Base Workshop that the petitioner secured only 145 marks out of 500 marks and was declared to have failed In the High School Examination. He also issued a copy of the mark-sheet. A letter of respondent No. 1 and duplicate mark-sheet are contained as Annexures 10 and 11 to ,the writ petition. It has been stated that the said letter was written and certificate was issued by respondent No. 1 without affording an opportunity to the petitioner and further that on the basis of the said letter, the services of the petitioner were likely to be terminated. He had no option but to approach this court under Article 226 of the Constitution of India.

(3.) IT has been contended on behalf of the petitioner that respondent No.1 having declared the petitioner to have passed the High School Examination in the year 1981, having issued the mark-sheet and the certificate, on the basis of said certificate the petitioner passed Intermediate and B. A. and took training in various institutions. He was also appointed as Instrument Mechanic (Optical), 509 Army Base Workshop, Agra, respondent No.1 was stopped from denying the claim of the petitioner and asserting that he has failed in High School Examination. IT has also been contended that before issuing the letter dated 24.12.1990, the petitioner was not afforded an opportunity of hearing and the said letter was issued in violation of principles of natural justice.