Allahabad Highcourt : Shiksh Mitra Using Fake Marksheets for Job of Primary Teacher

Allahabad Highcourt : Shiksh Mitra Using Fake Marksheets for Job of Primary Teacher

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 33

Case :- WRIT - A No. - 16324 of 2012

Petitioner :- Smt. Kalpana Gupta
Respondent :- State Of U.P. Thru' Principal Secretary And Others
Petitioner Counsel :- Hari Bans Singh,D.J.Singh
Respondent Counsel :- C.S.C.,K.S.Kushwaha,Mahesh Narain Singh

Hon'ble Arun Tandon,J.
The District Magistrate under the order impugned has found that Malti Devi had obtained appointment on the basis of forged mark-sheet, he has proceeded to cancel the appointment and further directed for the first information report being lodged and the honorarium paid be recovered from the person concerned. Since the petitioner had not submitted any application in respect of appointment as Shiksha Mitra for the academic session 2004-05, therefore, there was no question of her claim being considered against the said vacancy.
Counsel for the petitioner made an attempt to challenge the said finding by referring to the merit list prepared.
I am of the considered opinion that the findings of fact recorded by the District Magistrate are based on material evidence and even otherwise selections held in the year 2004-05 cannot be a source of recruitment for all times to come. The scheme of Shiksha Mitra itself has been closed in the year 2010. No relief, as prayed for, can be granted by this Court. 
Writ petition is dismissed.
Dated :03.04.2012
VR/16324/12


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1790276
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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 41

Case :- APPLICATION U/S 482 No. - 37159 of 2011

Petitioner :- Smt. Dhayanmati Devi
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Ravindra Prakash Srivasta
Respondent Counsel :- Govt.Advocate

Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
The present 482 Cr.P.C. petition has been filed for quashing of the proceeding of Criminal Case No. 3630 of 2008 arising out of Case Crime No. 364 of 2008, under Sections 419, 420, 467, 468, 471 IPC, police station Lalganj, district Basti pending before the Additional Chief Judicial Magistrate-I, Basti.
It is contended by the learned counsel for the applicant that the allegation against the applicant is that the applicant had submitted forged marksheet for an appointment as Shiksha Mitra, which is incorrect. 



The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
It is next contended that the applicant is lady, therefore, her bail application be considered, if possible on the same day by the court below.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and she is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing of the proceedings is hereby refused.
However, it is provided that if the applicant, who is a lady appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant shall be considered by the court below on the same day if possible, in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. after hearing the Public Prosecutor.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However in case the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against her.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.1.2012
Sazia


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1610214
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 20

Case :- SERVICE SINGLE No. - 2109 of 2009

Petitioner :- Smt. Savita Singh S/O Vijay Pratap Singh
Respondent :- State Of U.P. Thru Secy. Basic Education & Others
Petitioner Counsel :- Surya Narayan Mishra
Respondent Counsel :- C.S.C.,Vishal Verma

Hon'ble Devendra Kumar Arora,J.
By means of present writ petition, the petitioner has challenged the order dated 27.02.2009, passed by the District Basic Education Officer, Gonda, by which the appointment of the petitioner on the post of Shiksha Mitra was cancelled on account of submitting fictitious mark-sheet and the directions have also been issued for making recovery for the payment made to the petitioner as well as lodging of F.I.R. against the petitioner. 
I have examined the order of District Basic Education Officer, Gonda dated 27.02.2009 and find that there is no illegality or infirmity in the same. 
In view of the above, the present petition does not warrant any interference� by this Court. 
The writ petition is dismissed accordingly.
Order Date :- 30.4.2012
Suresh


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1833708