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Allahabad HC directs probe into denial of appointment to qualified teacher

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The Allahabad High Court has directed the Director of Secondary Education, Lucknow to submit the inquiry report in six weeks in the case of a denial of appointment.

A single bench of Justice Manju Rani Chauhan passed this order while hearing a petition filed by Ajay Kumar Pandey.

On 26th May, 2022, the Court passed following order:

“Counsel for the petitioner is permitted to implead Raj Kumar Pandit, presently posted as District Inspector of Schools (DIOS), Jaunpur and Triloki Nath Mishra, Manager, Ram Janki Sanskrit Madhyamik Vidyalaya Tiyara, Badlapur” as respondent nos 5 and 6 respectively, in the array of the parties during course of the day.

By means of the writ petition, the petitioner is challenging the order dated 07.04.2022 passed by District Inspector of Schools, Jaunpur, whereby the claim of the petitioner has been rejected on the ground of clerical mistake in preparation of quality point mark of petitioner.

From perusal of the records, it appears that the respondent nos 5 & 6 are interested in giving appointment to Ranjeet Dubey, i.e respondent no 4 due to the reasons as mentioned in paras 20 and 21 of the writ petition.

In such circumstances, the Court has no other option but to direct the respondent nos 5 & 6, i.e.  Raj Kumar Pandit, presently posted as DIOS, Jaunpur and Triloki Nath Mishra, Manager, Ram Janki Sanskrit Madhyamik Vidyalaya Tiyara, Badlapur respectively, to remain present before this Court along with relevant records of the selection proceedings on the next date fixed, i.e 31.05.2022. It is ordered, accordingly.

Put up this case on 31.05.2022 as fresh.

Shailendra Singh, Standing Counsel for the Staterespondents shall communicate this order to the respondent nos 5& 6 for necessary compliance forthwith.”

The Court noted that,

In compliance of the above order, only Raj Kumar Pandit, presently posted as DIOS, Jaunpur is present in the Court along with exemption application and original records pursuant to the selections in question.

However, Triloki Nath Mishra, Manager, Ram Janki Sanskrit Madhyamik Vidyalaya Tiyara, Badlapur is not present in the Court despite the fact that the District Inspector of Schools, Jaunpur and Shailendra Singh, Standing Counsel for the State-respondents themselves have informed Triloki Nath Mishra on telephone about the above order.

The Court observed that,

From the perusal of the original records pertaining to the selections in question, which have been produced by the District Inspector of Schools, Jaunpur before the Court, it is apparent that the same are incomplete as the notices which have been sent to the prospective candidates, order of permission to advertise the posts etc have not been placed before the Court. Perusal of the original copies of select list i.e Prapatras 1,2 and nill, which have been prepared on the basis of total quality point marks, as per the educational qualifications and interview of the prospective candidates including the petitioner, go to show that same depicts no date, as to on which date the same has been prepared.

The perusal of chart i.e Prapatra-1, on which the marks of interview of the prospective candidates including the petitioner have been given by Dr Sheetanshu Tripathi, Subject Expert (Member), Assistant Teacher (Sanskrit), M.S.San. University Kaithal, Haryana also does not mention any date on which the same has been prepared, whereas on the charts on which the marks of interview of prospective candidates have been given by other members of the Selection Committee, the date i.e 12th October, 2021 has been mentioned.

From the chart on which the marks of interview have been given by Dr Sheetanshu Tripathi, the Court also finds that there is overwriting in digit “4” used in giving marks to the petitioner, namely, Ajay Kumar Pandey in comparison to digit “4” used in giving marks to the selected candidate i.e Ranjeet Dubey and other candidate, namely, Kumari Rajwanti Kushwaha. The digit “4” used in giving marks to all the candidates are different from each other. From the aforesaid, prima facie, it also appears that ink of the pen used by Dr Sheetanshu Tripathi in his depicting his signatures is different from the ink of pen used in giving marks to the prospective candidates.

When the writ petition was filed, it is for the first time on 7th April, 2022, the fact that the qualify point marks obtained by the petitioner was 100.166 but due to typographical error, in the letter of the Manager, it has been mentioned that the quality point marks of the petitioner is 111.000, has occurred, the Court further noted.

The Court said,

On a pointed query being made to Raj Kumar Pandit, DIOS, Jaunpur, who is present in the Court, as to why he has not produced the entire original records of the selections in question and also about the discrepancies as noticed by the Court from the perusal of original copies of select list and chart of interview marks, he could not answer the same.

However, Shailendra Singh, Standing Counsel, has tried to defend the case of the District Inspector of Schools, Jaunpur by submitting that the selection proceedings for the posts in question have been held in fair manner, as the total quality point marks awarded to the petitioner, who has been placed at serial no 7 in the select list, was corrected on 27th November, 2021, because initially the total quality point marks of the petitioner was 100.166 but due to typographical error, in the letter of the Manager the total quality point marks of the petitioner has been mentioned as 111.00.

The Court is not satisfied with the submissions made by the Standing Counsel. The Court is of the prima facie opinion that there is something fishy in the entire selection proceedings conducted by the respondent authorities. Therefore, a fair inquiry is necessary.

“Let the Director of Education (Secondary), UP at Lucknow conduct an inquiry about the discrepancies as noticed by the Court herein above within six weeks from. The Director of Secondary Education shall submit his report on the next date.

The original records, whatever have been placed before the Court, are returned to the Raj Kumar Pandit, DIOS, Jaunpur, after retaining photo copies of the same to be kept on record.

A certified copy of the order shall be issued to Shailendra Singh, Standing Counsel for the State respondents by tomorrow i.e 1st June, 2022, who shall communicate the same to the Director of Education (Secondary), UP at Lucknow for necessary compliance of this order on the same day.

As the Court is not satisfied with the explanation given by Raj Kumar Pandit, DIOS, Jaunpur, he shall again remain present before the Court with all original records of the selections in question on the next date on which date order shall be passed on his exemption application, which has been filed in the Court,” the Court ordered.

The Court has fixed the next hearing of the petition on July 27, 2022.

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