State Of U.P. And 5 Others vs Deepak Kumar on 25 November, 2022

[Cites 0, Cited by 5]

Allahabad High Court

State Of U.P. And 5 Others vs Deepak Kumar on 25 November, 2022

Bench: Manoj Misra





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 583 of 2022
 

 
Appellant :- State Of U.P. And 5 Others
 
Respondent :- Deepak Kumar
 
Counsel for Appellant :- Tej Bhanu Pandey
 
Counsel for Respondent :- Sanjeev Singh
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

Heard Sri T.B. Pandey for the appellants and Sri Sanjeev Singh for the respondent.

This intra-court appeal is against the judgment and order of the learned Single Judge, dated 6.9.2021, in Writ-A No. 20170 of 2018, allowing the writ petition of the respondent with a direction to send the petitioner for training for the post of Police Constable pursuant to his selection in Police Constable Recruitment Examination, 2015 and to make necessary correction in the Tabulation Register / original record maintained by the U.P. Madhyamik Shiksha Parishad with regard to High School Examination of the year 2009 as to make the entries therein in consonance with the entries in the certificate no. 8260507 (Annexure-1 to the petition).

It is not disputed that the writ petitioner (Deepak Kumar), the respondent herein, had participated in Police Constables Recruitment Examination 2015 conducted by U.P. Police Recruitment and Promotion Board, Lucknow and was declared successful. However, at the stage of verification of his testimonials a discrepancy was noticed with regard to the date of birth and the certificate number reflected in the High School pass certificate submitted by the writ petitioner with the cross-list maintained by the Madhyamik Shiksha Parishad. The High School pass certificate submitted by the writ petitioner recited Certificate No. 8260507; Roll No. 2791585; School / Centre: Jyoti Model Inter College, Semri, Ballia; Nature of the candidate: Regular; Subjects: (i) Hindi, (ii) Sanskrit, (iii) Mathematics, (iv) Science, (v) Social Science and (vi) Drawing; Division- Second; Date of Birth- 27.6.1992; whereas, the cross-list of the result prepared and maintained by the Madhyamik Shiksha Parishad, U.P. and forwarded to the Institution concerned disclosed the date of birth as 10.2.1992 and certificate number as 8272940. The rest of the entries were in sync with the pass certificate and the marks-sheet. Upon finding this discrepancy, the appellants took a decision not to send the petitioner for training as it appeared to them that the petitioner had submitted false and fabricated document.

At this stage, the respondent filed Writ-A No. 20170 of 2018. The learned Single Judge after examining the records called from the Board and upon finding that there appeared no discrepancy in the marks mentioned in the marks-sheet with the marks in the cross-list and that there appears no dispute that the date of birth reflected in the High School certificate was also reflected in the Intermediate pass certificate of the year 2011, by keeing in mind that there existed no dispute that the writ petitioner had given his High School examination from the Institution mentioned in the certificate and that the alleged other certificate entered in the cross list was not produced, took the view that the computer generated tabulation list/ cross-list may have carried a typographical/ feeding error of the data for which, the writ petitioner cannot be penalised.

The writ petition was accordingly allowed.

Sri T.B. Pandey, who appeared for the appellants, submitted that entry of date of birth in the cross-list prepared by the Board is on the basis of data reflected in the certificate forwarded to the Institution concerned and it is same as in the admission form forwarded by the Institution after counter-signature of the District Inspector of Schools, therefore, it is not possible that there would be a typographical error. It thus appears to be a case where a fabricated certificate was obtained/ procured by the writ petitioner to seek admission in another Institution for the Intermediate course.

As there appeared no pleading as to what benefit the writ petitioner could derive by getting his date of birth changed as to reduce his age by about 4 months, we required the learned Standing Counsel to inform us whether there was any noticeable benefit to the petitioner by making such change.

The learned Standing Counsel could not tell us as to what noticeable benefit the petitioner could derive by making a change in his date of birth. He, however, submitted that once it is noticed that the certificate is fabricated, the natural consequence would be to cancel the candidature and, therefore, the State cannot be faulted in taking a decision to that effect.

As to us it appeared to be a case where a human error in making the data entry was possible, on 11.10.2022 we directed for the personal presence of the Principal, Jyoti Model Inter College, Semri, Ballia along with the scholar register of the Institution to ascertain the date of birth entered against the name of the writ petitioner in the records of that Institution.

Pursuant to our order dated 11.10.2022, on 20.10.2022 Dr. Vinay Kumar Mishra, Principal, Jyoti Model Inter College, Semri, Ballia appeared before us with the scholar and transfer register of the Institution.

In that scholar and transfer register, we noticed the name of the writ petitioner entered as scholar no. 418/ 2017. We also noticed that as per the entries therein, the last school attended by the writ petitioner was Baldeo Junior High School, Barabanki. The date of birth entered in the scholar register was 10.2.1992 on the basis of recital in the transfer certificate obtained from Baldeo Junior High School, Barabanki.

On what we noticed from the records produced by the Principal, Jyoti Model Inter College, Semri, Ballia, we passed a detailed order on 20.10.2022 requiring information from (a) the Institution BSCDSDMICP Murli M Pur Faizabad from where the petitioner had admittedly passed Intermediate examination and (b) Baldeo Junior High School, Barabanki. For ready reference, our order dated 20.10.2022 is reproduced below: -

"On 11.10.2022, we had passed following order :

"Pursuant to the order dated 2.9.2022, a compliance affidavit of Assistant Secretary, Madhyamik Shiksha Parishad, Regional Office Varanasi has been filed.

In paragraph-7 of the affidavit, it is stated that the principal of the concerned Institution, namely, Jyoti Model Inter College, Semeri, Ballia has also intimated through letter dated 2.11.2021 that the date of birth of the writ petitioner in the school records was recorded as 10.2.1992.

In view whereof, we deem it appropriate to direct the Principal, Jyoti Model Inter College, Semri, Ballia to be personally present along with the scholar register of the Institution disclosing the entries against the name of the writ petitioner, namely, Deepak Kumar.

List this matter as fresh on 20.10.2022.

Learned Standing Counsel shall ensure that this order is communicated to the Principal of the Institution concerned. The other records relating to the Board shall also be brought and produced on the next date."

Pursuant to the above order, Dr. Vinay Kumar Mishra, Principal, Jyoti Model Inter College, Semri, Ballia has personally appeared before us with the scholar and transfer register of the institution. In the scholar and transfer register, at page 14, the name of the writ petitioner is entered as scholar number 418/2017. As per the entries made therein, the last school attended by the writ petitioner was Baldev Junior High School, Barabanki. The date of birth entered in the scholar register is 10.02.1992. The said Principal has also produced the transfer certificate produced by the writ petitioner issued by Baldev Junior High School, Barabanki for seeking admission in the institution concerned. The transfer certificate issued by Baldev Junior High School, Barabanki reflects the date of birth of the writ petitioner as 10.02.1992.

The Board officials as well as Principal, Jyoti Model Inter College, Semri, Ballia have produced the cross list of the candidates who had given the board examination. The cross list maintained in the institution and the Board carry same entries. As per which, the date of birth of the petitioner is 10.02.1992; Roll number is 2791585; and certificate issued by the Board is numbered 8272940.

The certificate of the writ petitioner which discloses his date of birth as 27.06.1992 bears the same Roll number but the certificate number is 8260507. Interestingly, the subjects in which the petitioner appeared and the marks obtained therein are identical in all the documents.

The contention of Sri Sanjeev Singh, learned counsel for the petitioner, is that why would the writ petitioner forge a certificate to reduce his age by just five months when on the date of taking admission in the intermediate college there was no legal bar with regard to the age qualification. Further, the intermediate certificate bears the date of birth as 27.06.1992 and there is no dispute as regards genuineness of that certificate though there may be a dispute with regard to the correctness of the date of birth mentioned therein. He, therefore, submits that this appears to be a mere technical error as regards the date of birth entered for which the petitioner cannot be penalised, more so, when the petitioner has been otherwise eligible for appointment even if his date of birth is 10.02.1992.

At this stage, we enquired from the Principal, Jyoti Model Inter College, Semri, Ballia whether at the time of delivery of pass certificate signature of the candidates or their parents is obtained for the purposes of record that the certificate has been delivered. We also enquired from him whether the petitioner was issued any transfer certificate from the institution for the purposes of taking admission in another college to pursue next level of education.

In response to our above queries, the Principal informed us that there is no practice in the institution to obtain endorsement/acknowledgement of the student or his parent before delivery of certificate. He also clarified that his institution did not issue transfer certificate to the petitioner and, therefore, it is quite possible that the petitioner may have taken admission in another college on the basis of fabricated documents.

At this stage, Sri Sanjeev Singh submitted that the Board or the institution has not disclosed where the alleged original (so called genuine) certificate has gone.

In that context, we queried from the Standing Counsel in the presence of Board officials whether the pass certificate is prepared in duplicate, that is one to be issued and the other to be retained for record. To which we were told that it is issued in one copy only.

Before we take a decision on this appeal, we deem it appropriate to require the Board officials to enquire whether the institution, namely, BSCDSDMICP Murli M Pur, Faizabad, from where the petitioner passed his Intermediate Examination, is a recognized institution and functioning or not. If it is a recognized institution and functioning, the Board shall inform the Principal of that institution to produce scholar register of the institution reflecting the admission of petitioner in the said institution for the purposes of intermediate level course of which certificate was issued to the petitioner in the year 2011. The Principal of said institution shall also bring, if possible, the document on the basis of which it took admission and entered the date of birth of the petitioner as 27.06.1992, which is reflected in the intermediate examination pass certificate of the year 2011.

Learned Standing Counsel shall also enquire whether Baldev Junior High School, Barabanki is a recognized institution and functioning. If the said institution is a recognized institution and functioning, the Head Master of the said institution shall be required to produce the scholar register of its institution disclosing whether Deepak Kumar (writ petitioner) was admitted as a student in the said institution. If the scholar register reflects that the petitioner had been a student then it shall be disclosed whether the date of birth recorded in the scholar register is 10.02.1992 or 27.06.1992.

List this matter on 14.11.2022. On the next date, the Board officials as well as learned Standing Counsel will ensure presence of the Principal, BSCDSDMICP Murli M Pur, Faizabad and the Head Master, Baldev Junior High School, Barabanki along with the necessary records, in light of the observations above.

The original records that were produced before us today are being returned to the concerned Principal as well as the Board officials.

The personal presence of the Principal, Jyoti Model Inter College, Semri, Ballia hereinafter is not required."

Pursuant to our order dated 20.10.2022, on 14.11.2022 Sri Deepak Kumar Shukla, Principal, Baba Shivcharan Das Shambhu Dutt Memorial Inter College, Pure Murli, Makdoompur, Faizabad appeared and produced the admission form submitted by Sri Deepak Kumar (i.e. the writ petitioner) as well as other documents including the transfer certificate obtained from Jyoti Model Inter College, Semri, Ballia on the basis of which, Deepak Kumar (the writ petitioner) took admission in the Institution mentioned above.

From the records that were produced by Sri Deepak Kumar Shukla, Principal, Baba Shiv Charan Das (supra) it appeared that at the time of taking admission in the Institution the writ petitioner had produced transfer certificate obtained from Jyoti Model Inter College, Semri, Ballia as per which his date of brith was 27.6.1992. On perusal of the transfer certificate, we also noticed therein that before seeking admission in Jyoti Model Inter College, Semri, Ballia, the writ petitioner (Deepak Kumar) had attended Janta Narayan Ucch Madhyamik Vidyalaya, Khinjhana, Barabanki.

Upon noticing the discrepancy between the records produced by Sri Deepak Kumar Shukla, Principal, Baba Shiv Charan Das (supra) and the scholar and transfer register produced by Dr. Vinay Kumar Mishra, Principal, Jyoti Model Inter College, Semri, Ballia with regard to the last school attended by the writ petitioner, on 14.11.2022 we passed the following order:

"On 20.10.2022, following order was passed:-

"On 11.10.2022, we had passed following order :

"Pursuant to the order dated 2.9.2022, a compliance affidavit of Assistant Secretary, Madhyamik Shiksha Parishad, Regional Office Varanasi has been filed.

In paragraph-7 of the affidavit, it is stated that the principal of the concerned Institution, namely, Jyoti Model Inter College, Semeri, Ballia has also intimated through letter dated 2.11.2021 that the date of birth of the writ petitioner in the school records was recorded as 10.2.1992.

In view whereof, we deem it appropriate to direct the Principal, Jyoti Model Inter College, Semri, Ballia to be personally present along with the scholar register of the Institution disclosing the entries against the name of the writ petitioner, namely, Deepak Kumar.

List this matter as fresh on 20.10.2022.

Learned Standing Counsel shall ensure that this order is communicated to the Principal of the Institution concerned. The other records relating to the Board shall also be brought and produced on the next date."

At this stage, Sri Sanjeev Singh submitted that the Board or the institution has not disclosed where the alleged original (so called genuine) certificate has gone.

The original records that were produced before us today are being returned to the concerned Principal as well as the Board officials.

The personal presence of the Principal, Jyoti Model Inter College, Semri, Ballia hereinafter is not required."

Pursuant to the above order, Sri Deepak Kumar Shukla, Principal, Baba Shiv Charan Das Shambhudutt Memorial Inter College, Pure Murli, Makhdoompur, Faizabad has appeared and has produced the admission form submitted by Deepak Kumar (the writ petitioner) and the other documents including the transfer certificate obtained from Jyoti Model Intermediate College, Semri, Ballia on the basis of which Deepak Kumar (writ petitioner) took admission in the institution i.e. Baba Shiv Charan Das (supra) and completed his intermediate level course and passed intermediate examination thereafter. According to Sri Deepak Kumar Shukla, Principal, Baba Shiv Charan Das (supra), the writ petitioner at the time of submitting the admission form had produced transfer certificate duly obtained from Jyoti Model Intermediate College, Semri, Ballia as per which his date of birth was 27.06.1992. The transfer certificate has been produced before us.

What appears to us is that the transfer certificate bears similar signatures as appear in the high school marks-sheet, 2009. Another interesting feature that we notice in the transfer certificate is that the last school attended by Deepak Kumar (writ petitioner) before seeking admission in Jyoti Intermediate College was Janta Narain Uchcha Madhyamik Vidyalaya, Khinjhana, Barabanki. The address of the writ petitioner in the admission form is Gram Khinjhana, Post Fatehpur, District Barabanki.

When the matter was taken up on the last date i.e. 20.10.2022, the Principal of the Institution Jyoti Intermediate College, Semri, Ballia had disclosed to us that the writ petitioner (Deepak Kumar) had taken admission in his institution by producing transfer certificate obtained from Baldev Junior High School, Barabanki. Despite our direction dated 20.10.2022, none has appeared from Baldev Junior High School, Barabanki.

In view of the above, by way of final opportunity to the learned Standing Counsel to produce a person authorized from Baldev Junior High School, Barabanki in compliance of the earlier dated 20.10.2022, we deem it appropriate to direct listing of this matter on 25th November, 2022.

List this matter on 25th November, 2022.

It is expected that on the next date the learned Standing Counsel shall ensure the presence of a person authorized by Baldev Junior High School, Barabanki for producing relevant records as required by our last order dated 20.10.2022."

In compliance of our order dated 14.11.2022, Sri T.B. Pandey, learned Standing Counsel, produced two letters before us, namely, letter dated 24.11.2022 written by the Addl. Secretary, Madhyamik Shiksha Parishad, Regional Office, Varanasi and the letter dated 23.11.2022 written by the District Basic Education Officer, Barabanki to the Addl. Secretary, Madhyamik Shiksha Parishad. As per these two letters, there existed no Institution by the name Baldeo Junior High School, Barabanki.

In addition to the two letters, Sri T.B. Pandey also produced a letter of the Principal, Janta Narayan Purva Madhyamik Vidhyalaya, Khinjana, Barabanki addressed to the Addl. Secretary, Madhyamik Shiksha Parishad, Regional Office, Varanasi, enclosing therewith a photocopy of the Transfer Certificate issued by the Institution in favour of the writ petitioner. From the said letter, it is clear that the writ petitioner had taken admission in the said Institution in Class-VI and studied there from 1.7.2003 upto 20.5.2006. The date of birth of the petitioner in that Institution was recorded as 27.6.1992.

Thus, from the documents which have been produced before us from time to time and the letters produced today, the following facts emerge:

(i) The writ petitioner appeared as a regular High School Examinee from Jyoti Model Inter College, Semri, Ballia in the year 2009 with Roll No. 2791585;

(ii) The writ petitioner thereafter appeared in the Intermediate Examination of the year 2011 from BSCDSDMICP Murli M Pur Faizabad with Roll No. 1190141. In the Intermediate Certificate, date of birth of the writ petitioner is 27.6.1992;

(iii) The marks obtained by the petitioner reflected in the High School certificate produced by the petitioner are not at variance with the marks mentioned in the cross-list prepared by the Madhyamik Shiksha Parishad.

The issue that arises for our consideration is as to what sanctity ought to be attached to the High School certificate submitted by the petitioner which is at variance with the cross-list prepared by the Madhyamik Shiksha Parishad on the following two counts:-

(i) Date of birth: - According to the certificate, the date of birth is 27.6.1992 whereas according to the cross-list the date of birth is 10.2.1992;

(ii) Certificate Number: - According to the writ petitioner the Certificate number is 8260507 whereas according to the cross-list the Certificate number is 8272940.

Notably, the Madhyamik Shiksha Parishad in the entire exercise that was carried by us as well as by the learned Single Judge did not produce the original examination form of the writ petitioner forwarded by the Institution from where he passed High School examination. As a result whereof, we had to undertake the exercise of calling for the records from the Institution from where the writ petitioner got his education. As per the record of Jyoti Model Inter College, Semri, Ballia, the writ petitioner had taken admission on the basis of a Transfer Certificate obtained from Baldeo Junior High School, Barabanki. The Principal of Jyoti Model Inter College, Semri, Ballia on the basis of the records available with him stated that the petitioner had not obtained a Transfer Certificate issued from that Institution to take admission in the Intermediate level. The above information was put to test by us by calling for the records of the Institution from where the writ petitioner appeared for his Intermediate examination. In our order dated 14.11.2022 we had observed that from the records produced by the Institution from where the writ petitioner appeared in the Intermediate examination, it appeared that the petitioner took admission by submitting the transfer certificate obtained from Jyoti Model Inter College, Semri, Ballia and that his date of birth in the transfer certificate was mentioned as 26.7.1992 and that Transfer Certificate also indicated that the last school attended by Deepak Kumar (the writ petitioner) before seeking admission in Jyoti Model Inter College, Semri, Ballia was Janta Narayan Uccha Madhyamik Vidyalaya, Khinjana, Barabanki.

From what we noticed in the proceedings dated 14.11.2022, it appeared to us that either the first institution (Jyoti Model Inter College, Semri, Ballia) or the second Institution (Baba Shiv Charan Das (supra)) was hiding the truth. To ascertain the truth, we, therefore, insisted on appearance of a person from Baldeo Junior High School, Barabanki.

Despite our order dated 14.11.2022, none appeared to represent Baldeo Junior High School, Barabanki and, interestingly, today, we have been informed that there exists no institution by the name Baldeo Junior High School, Barabanki.

Importantly, from what we have already noticed above, it is Janta Narayan Purva Madhyamik Vidhyalaya, Khinjana from where the petitioner passed out to take admission in Jyoti Model Inter College, Semri, Ballia and his date of birth recorded therein was 27.6.1992, which is in consonance with the date of birth entered in the High School Certificate as well as the Intermediate Pass Certificate.

Having done the exercise above and having found that there is no dispute with regard to the writ petitioner appearing in the High School examination followed by Intermediate examination and the date of birth appearing in the High School certificate and the Intermediate pass certificate is the same and other material particulars, except the certificate number and the date of birth, being the same as in the cross-list of the High School examination, upon noticing that Baldeo Junior High School is bogus and the petitioner had passed out from Janta Narayan Purva Madhyamik Vidhyalaya Khinjana and had also produced a TC certificate obtained from Jyoti Model Inter College, Semri, Ballia to seek admission in Baba Shiv Charan Das College (supra) and both the TC's i.e. obtained from Janta Narayan (supra) and Jyoti Model (supra) bear the same date of birth i.e. 27.06.1992, we are in agreement with the view of the learned Single Judge that there exists a typographical mistake in the cross-list maintained by the Board. As a result whereof, the direction issued by the learned Single Judge calls for no interference.

At this stage, the learned Standing Counsel has submitted that liberty should be given to the State to hold enquiry against the Institutions concerned.

In our view, that liberty is always there for the officials of the Board. Rather, it would be appropriate for the Board to scrutinize the functioning of these institutions and take appropriate action against the person at fault.

Subject to above, the appeal is dismissed.

The papers produced by the learned Standing Counsel today, which have been noticed above, shall be made part of the record.

Order Date :- 25.11.2022 N.S.Rathour

Unlock Advanced Research with PRISMAI

Allahabad High Court