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ARVIND KUMAR (LAWYER)     20 September 2008

Termination of Service

I have challenged a termination order passed by District Authority before High Court, Allahabad. In brief the matter-


In the year 1996 petitioner appeared in “Prathama Examination” and she has been declared successful in the said “Prathama Examination” held by Hindi Sahitya Sammelan, Allahabad, which has been duly equivalent to the matric by the Government of India, Ministry of Human Resource Development Department its letter No. P-24-4.2001-T.S. III dated 26.7.01.


Petitioner applied for the post of Karyakatri/worker under Bal Vikas Pariyojana, for which selection committee was formed and selection procedure completed between 19.8.2004 to 22.8.2004 and petitioner has been found to be qualified candidate for the Post Karyakatri/worker at centre and appointment letter dated 6.9.04 to the petitioner has been issued by the respondent.


On dated 20.4.2008 a letter No. 9@ ft0dk0v0@2008&09 by the District Program Officer J.P. Nagar served to the petitioner again asking for High School qualification certificate with-in-three days from the petitioner, with declaration that on failure petitioner selection shall be terminated accordingly. The Petitioner has submitted representation, annexing again her Prathama Examination Certificate issued by Hindi Sahitya Sammelan, Allahabad.


The services of the petitioner has been terminated on the ground that she has not possessed the requisite qualification for being appointed on the post of Karyakatri/worker.


That petitioner having qualified “Prathama Examination” from Hindi Sahitya Sammelan, Allahabad, which is duly recognized by the Government of India, Ministry of Human Resource Development Department of Higher Education through its notification No. F.24-4/2001-TS.III dated 26th July 2001, 14th May 2004 and 21st November 2006 by which “Prathama Examination being conducted by Hindi Sahitya Sammelan, Allahabad for the purpose of employment under the Central Government for the post for which the desired qualification is pass in matriculation has been duly granted recognition.


My querry regarding validity of Govt. of India Notification in case U.P Govt. has not recognised.


Chattisgarh Govt. recognised the said Prathama examination in Higher Secondary education.


Kindly help in this regard.


 



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 September 2008

Generally the Central govt. acts are overruled on state acts.

Murali Krishna (Govt..Employee)     21 September 2008

 Arvind Kumar, 


 


The examination was recognised as equalent only in 2001 and thereafter. In your case, your client passed the examination in 1996, much before such recognisation. 


 


Therefore examine whether any retrospectivity is given to the circular.

prof s c pratihar (medical practitioner &legal studies)     21 September 2008

dear sir i shal be grateful ,if kindly send the govt order.thanks

prof s c pratihar (medical practitioner &legal studies)     21 September 2008

sir , i have already secured  362 in score card  ,after new sign up it is showing 22 only.can i request the web manager for correction pl dr sc pratihar

B.B.R.Goud. ( Faculty)     07 March 2009

dear sir i shal be grateful ,if kindly send the govt order.


The examination was recognised as equalent only in 2001 and thereafter. In your case, your client passed the examination in 1996, much before such recognisation. 

Therefore examine whether any retrospectivity is given to the circular.


 

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

pls search decisions decisions of allahabad high court in UPLBEC of recent yrs . degrees of Sahitya sammelan were declared invalid.


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