Allahabad High Court
Geeta vs Secy. Bal Vikas Sewa Pushtahar Lko. U.P. ... on 28 November, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:79166 Court No. - 6 Case :- WRIT - A No. - 10483 of 2024 Petitioner :- Geeta Respondent :- Secy. Bal Vikas Sewa Pushtahar Lko. U.P. And 3 Others Counsel for Petitioner :- Shradha Mishra,Abhilasha Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Ms. Abhilasha Pandey, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.
2. Grievance raised by the petitioner in the present writ petition is with regard to petitioner's non selection on the post of "Angan Wadi Karyakarti" where her candidature has been rejected on the ground that her intermediate marksheet is forged.
3. It has been submitted by learned counsel for the petitioner that neither any opportunity of hearing was given to the petitioner nor is there any material with the respondents on the basis of which the impugned order has been passed and the same has not been even disclosed in the impugned order.
4. In the aforesaid circumstances, directions were given by this Court on 13.11.2024 to receive instructions and further the respondents were directed to produce entire records specifically indicating that the marksheet of the petitioner was forged.
5. Today, the entire original record pertaining to passing of impugned order has been produced by learned Standing Counsel before this Court. From the perusal of the original record, this Court finds that there is no material therein which could indicate that any communication was ever made by the respondents with the U.P. Board of Education for verifying the authenticity of marksheet of the petitioner for class 12th.
6. From the perusal of original record, this Court finds that there is no material on record except to minutes of meeting dated 09.02.2024, which pertain to promotion of Angan Wadi Karyakarti, indicating that petitioner's marksheet of Class 12th is forged.
7. On query being made by this Court to the official of the District Programme Officer, Hamirpur, U.P., it has been informed that name of petitioner was searched on Google and no result pertaining to her Intermediate marksheet can be found and merely on the basis of said search made on Google, it has been held that petitioner's marksheet is forged.
8. This Court is surprised by the response given and the manner in which documents of the petitioner have been verified by the respondents. It is needless to say that merely by putting name of petitioner on search engine, conclusion has been drawn that her marksheet is forged. The standard procedure as prescribed for verification of documents of an individual has not been followed by the respondents in the case of petitioner.
9. In the case of petitioner, the least the respondents could have done was to make query from the concerned Education Board sending a copy of the marksheet and requesting them to provide information pertaining to genuineness of the said certificate. The Education Board in all such cases where any such request is made with urgency, the Board information received from the Board will the only reliable source of verifying the genuineness of certificate(s). The manner in which the certificate of the petitioner has been sought to be adjudged as being fabricated is extremely uncalled for and does not adher to any of the provisions or Government Order in this regard.
10. This Court is surprised that the respondents are resorting to such methods to disqualify any individual by stating that since his/her certificates could not be verified on the search engine namely Google, they are forged.
11. At this stage, learned Standing Counsel has produced a copy of letter dated 26.11.2024 from which it is evident that on query being made from the Principal of Kasturba Gandhi Kanya Inter College, Bharwari, Kaushambi, from where the petitioner had appeared in the Class 12th Examination, it has been informed that her Class 12th certificate is genuine. The instructions produced by learned Standing Counsel are taken on record.
12. Accordingly, the impugned order dated 09.02.2024 holding that the petitioner's Class 12th marksheet is forged, insofar as it relates to the petitioner is hereby quashed.
13. Accordingly, the writ petition is partly allowed.
14. Accordingly, respondents are directed to proceed and consider candidature of the petitioner for promotion to the post of Angan Wadi Karyakarti, treating her certificate to be valid.
Order Date :- 28.11.2024 A. Verma (Alok Mathur, J.)