Shafiq Ahmad and Another vs State Government of U.P. and Others

Rakesh Tiwari, J.—Heard counsel for the parties and perused the record.

The Petitioners claim to have been working on the post of Collection Peons in Tehsil Kairana, District Muzaffarnagar on 31.7.1996 and they were interviewed for the post of Collection Amin. Thereafter they were promoted on the said post on 5.8.1996. They have been reverted to the post of Collection Peons vide order dated 2.6.2007, passed by the District Magistrate, Muzaffarnagar. The Petitioners filed representation/ objection before the District Magistrate for reconsideration of the impugned reversion order dated 2.6.2007 but to no avail, hence the instant writ petition has been filed for quashing the impugned order dated 2.6.2007, passed by Respondent No. 3.

From perusal of the impugned order dated 2.6.2007 appended as Annexure-2 to the writ petition it appears that the aforesaid order has been passed by the District Magistrate, Muzaffarnagar in respect of three persons namely, Sri Yudhishthir Chainman, Tehsil Kairana, Muzaffarnagar, Sri Rakesh Kumar and Sri Shafiq Ahmad, Collection Peons, Tehsil Kairana, Muzaffarnagar.

It appears that Sri Yudhishthir filed Civil Misc. Writ Petition No. 69590 of 2006 on the ground that Sri Rakesh Kumar and Sri Shafiq Ahmad, Collection Peons, Tehsil Kairana, District Muzaffarnagar had been promoted on the post of Collection Amins on the basis of educational degree of Prathma Pariksha obtained from Hindi Sahitya Sammelan, Prayag, Allahabad, he is also having degree of Prathma Pariksha from Hindi Sahitya Sammelan, Prayag, Allahabad, may be promoted on the post of Lekhpal. The aforesaid writ petition was disposed of finally vide order dated 20.12.2006, passed by the High Court directing the District Magistrate to decide the representation of Sri Yudhishthir Chainman keeping in mind whether Sri Rakesh Kumar and Sri Shafiq Ahmad, who were having degree of Prathma Pariksha from Hindi Sahitya Sammelan, Prayag Allahabad, were eligible for promotion on the post of Collection Amins or not within a period of 3 months from the date of the order after giving an opportunity of hearing to all the parties concerned.

Pursuant to the aforesaid order dated 20.12.2006 of the High Court, by letter dated 8.4.2007 both the Petitioners were directed to appear alongwith their educational certificates before the District Magistrate, Muzaffarnagar. The District Magistrate has found that the Prathma Pariksha examination is not equivalent to an examination recognized by the State of U. P., for appointment in Government service as such he has rejected the claim of Sri Rakesh Kumar and Sri Shafiq Ahmad, Collection Amins of Tehsil Kairana, Muzaffarnagar and has reverted them to their original post of Collection Peons.

The District Magistrate, Muzaffarnagar has observed in his order dated 2.6.2007 that :

The authority has considered the High School Certificates of the Petitioners and has discarded the same on the ground that the Petitioners had moved an application for getting them endorsed on their personal files that they have passed Prathma Pariksha and not the High School. The authority has not given any reasons for discarding the High School certificates of the Petitioners and has discarded the same on the ground of suspicion. Whether they are forged or not this question has not been determined by the authority, hence the petition is disposed of finally with a direction to the District Magistrate, Muzaffarnagar to get the High School certificates and marksheets of the Petitioners verified from the U. P. Board of High School and Intermediate Examinations, Allahabad and in case it is found that the High School certificates and marksheets of the Petitioners are genuine then in that case appropriate orders may be passed within a period of two months from the date of production of a certified copy of this order.

No order as to costs.