# Gyanendra Kumar v. State of U.P. and others

- **Citation:** (2007) 1 ILRA 190
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2006-11-08
- **Case number:** Civil Misc. Writ Petition No. 39944 of 2006
- **Bench:** Arun Tandon
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/gyanendra-kumar-v-state-of-u-p-and-others-40822
- **Pages:** 3

## Headnote

Constitution
of
India,
Art.
226Appointment as lecturer of Physicsempanelled
against
the
requisition
vacancy of Hindu Inter College Bandadue the reasons best known-petitioner
not joined at Banda-but managed be
adjusted in another institution against
Backward category-without requisition
without
advertisement-held-without
leave of court no salary shall be paid
such appointee secretary to hold and
submit its enquiry report against the
conduct of D-103, the manager and the
Head of the Institution concerned.

Held: Para 9 & 10

The enquiry may be completed by the
Secretary and specific finding should be
recorded in respect of the individual
persons
involved.
Report
may
be
submitted before this Court by 12th
December, 2006. The original records, as
have been produced before this Court,
may be transmitted to the Secretary,
Secondary Education, U. P. Government,
Lucknow under a sealed cover along with
certified copy of the order.

From the facts as have been noticed
herein above, this Court is prima facie
satisfied that continuance of Sri Ramesh
Chandra is apparently illegal and is
based on procured documents. It is,
therefore, directed that Sri Ramesh
Chandra shall not be paid salary without
leave of the Court.

## Text

190 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 08.11.2006

BEFORE
THE HON'BLE ARUN TANDON, J.

Civil Misc. Writ Petition No. 39944 of 2006

Gyanendra Kumar

...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri Arun Kumar Mishra

Counsel for the Respondents:
Sri R.P. Dubey
Sri Sanjay Srivastava
S.C.

Constitution
of
India,
Art.
226Appointment as lecturer of Physicsempanelled
against
the
requisition
vacancy of Hindu Inter College Bandadue the reasons best known-petitioner
not joined at Banda-but managed be
adjusted in another institution against
Backward category-without requisition
without
advertisement-held-without
leave of court no salary shall be paid
such appointee secretary to hold and
submit its enquiry report against the
conduct of D-103, the manager and the
Head of the Institution concerned.

Held: Para 9 & 10

The enquiry may be completed by the
Secretary and specific finding should be
recorded in respect of the individual
persons
involved.
Report
may
be
submitted before this Court by 12th
December, 2006. The original records, as
have been produced before this Court,
may be transmitted to the Secretary,
Secondary Education, U. P. Government,
Lucknow under a sealed cover along with
certified copy of the order.

From the facts as have been noticed
herein above, this Court is prima facie
satisfied that continuance of Sri Ramesh
Chandra is apparently illegal and is
based on procured documents. It is,
therefore, directed that Sri Ramesh
Chandra shall not be paid salary without
leave of the Court.

(Delivered by Hon'ble Arun Tandon, J.)

1. A post of Lecturer Physics in
Chaudhary Chhotu Ram Inter college,
Muzaffarnagar was requisitioned to the
U.P.
Secondary
Education
Services
Selection
Board,
Allahabad
vide
requisition dated 28th February, 2003. The
vacancy
was
earmarked
for
Other
Backward
Classes
category
in
the
requisition.
The
said
vacancy
was
ultimately
advertised
under
Advertisement No. 2/2004 in the said
category. Petitioner, who belongs to the
category of Other Backward Classes
applied in pursuance to the advertisement.
He
was
ultimately
selected
and
empanelled for appointment as Lecturer
Physics in the Caudhary Chhotu Ram
Inter College, Muzaffar Nagar.

2. The District Inspector of Schools,
Muzaffarnagar, on receipt of the select
panel, forwarded a letter to the Secretary,
U.P.
Secondary
Education
Services
Selection Board dated 21.4.2006 stating
therein that one Sri Ramesh Chandra has
already
been
appointed
against
the
requisitioned vacancy of Lecturer Physics
and therefore there is no vacancy against
which
petitioner
can
be
offered
appointment and requested that he may be
adjusted in some other institution. Against
this order of the District Inspector of
Schools present writ petition has been
filed.
1 All] Gyanendra Kumar V. State of U.P. and others
191
3. This Court required the District
Inspector of Schools, Muzaffar Nagar to
remain present before this Court with all
relevant records. The Secretary of the
U.P.
Secondary
Education
Services
Selection Board was also directed to
produce the records. The original records
produced by the District Inspector of
Schools as well' as U.P. Secondary
Education Services Selection Board have
been examined by the Court today. A
counter affidavit has also been filed on
behalf
of
Sri
Ramesh
Chandra
(respondent no. 5).

4. From the records it is apparent
that Sri Ramesh Chandra (respondent no.
5) was selected in pursuance to the
advertisement no. 2/2002 for the post of
Lecturer Physics and was empanelled
against
the
vacancy
which
was
requisitioned for Hindu Inter College,
Atarra, district Banda within the reserved
category of Scheduled Caste. The said
Ramesh Chandra, for the reasons best
known to him, did not join the said
institution, it is alleged that the institution
refused to accept his joining. However,
instead of pursuing the remedy against the
institution
concerned,
Sri
Ramesh
Chandra manipulated the documents in
connivance
with
the
Principal
of
Chaudhary Chhotu Ram Inter College,
District
Inspector
of
Schools
Muzaffarnagar as well as with the officers
of U.P. Secondary Education Services
Selection Board, which resulted in an
order being passed by the Secretary, U.P.
Secondary Education Services Selection
Board dated 21.8.2003. Under this order
Sri Ramesh Chandra has been directed to
be adjusted/appointed against the vacancy
on the post of Lecturer Physics in
Chaudhary Chhotu Ram Inter College,
Muzaffarnagar. In pursuance whereof the
District
Inspector
of
Schools,
Muzaffarnagar issued a letter to the
Manager of the institution, which was
promptly accepted and appointment was
offered to Sri Ramesh Chandra without
raising any objection to the fact that the
candidate now appointed was not with the
category reserved for appointment for the
post in question and as had been
requisitioned.

5. It Is further admitted on record
that the vacancy on the post of Lecturer
Physics "reserved for Other Backward
Classes in Chaudhary Chhotu Ram Inter
College,
Muzaffarnagar
was
not
advertised up to the date adjustment had
been directed by the U.P. Secondary
Education
Services
Selection
Board.
Thus, it is an admitted position that
adjustment has been directed against an
unadvertised vacancy in favour of Sri
Ramesh Chandra.

6. On being asked as to on what
basis the U.P. Secondary Education
Services Selection Board had issued the
order directing adjustment of Ramesh
Chandra against an unadvertised vacancy,
and that to of a candidate non-belonging
to requisitioned category, counsel for the
U.P.
Secondary
Education
Services
Selection Board refers to the letter dated
24.7.2003, which is said to have been
forwarded by Sri Ramesh Chandra along
with his application dated 19th July, 2003.
The said document appears a stamp,
which reads as follows:

"izfr gLrk{kfjr
lg ftyk fo|ky; fujh{kd
eq0uxj "

7. However, it is apparent from the
original document that the same has not
192 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
been signed by any officer concerned. It is
surprising,
responsible
officers
like
Secretary as well as Chairman of the U. P.
Secondary Education Services Selection
Board acted upon such a letter, which was
not
countersigned
by
the
District
Inspector
of
Schools,
and
directed
adjustment. These facts lead to an
apprehension that adjustment has been
directed for other considerations. The
matter requires investigation.

8. The records, produced today
along with a copy of the writ petition, are
directed to be transmitted to the Secretary,
Secondary Education, U.P. Government,
Lucknow for holding a detail enquiry into
the issue (a) can a candidate selected
amongst against a reserved category of
Scheduled Caste can be adjusted against a
vacancy reserved for Other Backward
Classes, (b) whether a candidate selected
in pursuance of Advertisement No.
2/2001 could have been adjusted against
an unadvertised vacancy, as has been
done by the U.P. Secondary Education
Services Selection Board under an order
dated 21.8.2003, (c) who, in fact, inducted
the letter dated 24.7.2003 in the records of
the U.P. Secondary Education Services
Selection Board, inasmuch as counsel for
Sri
Ramesh
Chandra
has
made
a
statement that application dated 19th July,
2003 was not accompanied with any such
document, as is available on the records
of the U.P. Secondary Education Services
Selection Board and (d) The role of the
Chairman and Secretary by the Secondary
Education Services Selection Board in
directing adjustment of Ramesh Chandra,
the role of the District Inspector of
Schools, Committee of Management and
Principal of Chaudhary Chhotu Ram Inter
College, Muzaffarnagar, who appointed
Ramesh Chandra even after being fully
aware that vacancy is earmarked for Other
Backward Classes candidate.

9. The enquiry may be completed by
the Secretary and specific finding should
be recorded in respect of the individual
persons
involved.
Report
may
be
submitted before this Court by 12th
December, 2006. The original records, as
have been produced before this Court,
may be transmitted to the Secretary,
Secondary Education, U. P. Government,
Lucknow under a sealed cover along with
certified copy of the order.

10. From the facts as have been
noticed herein above, this Court is prima
facie satisfied that continuance of Sri
Ramesh Chandra is apparently illegal and
is based on procured documents. It is,
therefore, directed that Sri Ramesh
Chandra shall not be paid salary without
leave of the Court. The District Inspector
of Schools shall further ensure that
petitioner is permitted to join in the
institution as Lecturer Physics within two
weeks from the date a certified copy of
this order is filed before him.

List on 12th December, 2006.
Application disposed of.
---------
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 08.09.2006

BEFORE
THE HON'BLE R.C. DEEPAK, J.
THE HON'BLE V.D. CHATURVEDI, J.

Criminal Appeal No.1865·of 1980

Hira Lal

...Appellant (In Jail)
Versus
State of U.P.
...Opposite Party