Allahabad High Court
Shailendra Pratap Singh vs State Of U.P. Thru. Secy. Basic Edu. And 6 ... on 10 January, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- WRIT - A No. - 41 of 2023 Petitioner :- Shailendra Pratap Singh Respondent :- State Of U.P. Thru. Secy. Basic Edu. And 6 Others Counsel for Petitioner :- Vinay Misra Counsel for Respondent :- C.S.C.,Dhananjai Singh,Prashant Arora Hon'ble Pankaj Bhatia,J.
Heard the counsel for the petitioner and the counsel for the respondents.
The present petition has been filed challenging the orders dated 11.10.2022 and 08.09.2022 whereby the acceptance to the appointment given to the petitioner was withdrawn on the ground that the petitioner has obtained two degrees simultaneity as a regular candidate and further directions have been issued for lodging a first information report and for recovery of the amount already paid to the petitioner on account of the services rendered by him.
The contention of the counsel for the petitioner is that the issue with regard to obtaining of two degree simultaneously came up for consideration before this Court in Writ-A No.5210 of 2020 (Arvind Prakash Dwivedi vs. State of U.P. and others) wherein this decided the issue on 25.08.2020 holding the same not to be barred by any law and the said order was upheld in Special Appeal Defective No.898 of 2020 (Board of Basic Education and another vs. Arvind Prakash Dwivedi and others) decided on 21.10.2020.
Considering the facts that the issue with regard to obtaining two degrees simultaneously has attained finality and that being the sole ground for cancelling the appointment of the petitioner, the impugned order dated 08.09.2022 and the consequential order dated 11.10.2022 contained in annexure no.1 and 2 cannot be justified and the same are set aside with direction to the respondents to permit the petitioner to continue to discharge his services in accordance with law.
The writ petition stands allowed.
Order Date :- 10.1.2023 VNP/-