I §§EN@§_E @Eh‘wg 4". 1cm y " IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) w. P. No.37320F 2005 Smt. Usha Upadhyay, W/o Sri Sanjay Upadhyay, aged About 36 years, Resident of Kududand, Milan Chowk, Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) VERSUS RESPONDENTS 1. State of Chhattisgarh Through the Secretary, Department of School Education Mantraiaya, Dau Kaiyan Singh Bhawan, Raipur (Chhattisgarh) / 2. Collector, District Janjgir- Champa (Chhattisgarh) , 3. Chief Executive Officer Panchayat, Janpad Nawagarh (Janjgir), Distt. Janjgir-Champa (CG) WRIT PETITION UNDER ARTICLE 226 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI MANDAMUS PROHIBITION AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS, ORDER OR ORDERS: / K HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION No. 3732 of2005 Smt. Usha Upadhyay. VERSUS RESPONDENTS : State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Ashish Shrivastava, Advocate for the petitioner. Shri Sushil Dubey, Government Advocate for the State/ ’ respondent No. 1 and 3. Shri Sandeep Dubey, Advocate for the respondent No. 3. . ORDER ORAL (Passed on 06 day ofApril, 201 1) Learned counsel appearing for the petitioner submits that the question of law involved herein asto whether the services of Shiksha Karmi Grade III, after appointment can be cancelled on the ground that there was irregularity in the selection process. The said issue was considered and decided by this Court in Ku. Punam & Others v. State of Chhattisgarh & Othersl. 2. Learned counsel appearing for the other side fairly submit that the instant petition is squarely covered by the decision of this Court in Ku. Punam & Others (supra). 3. This very question came up for consideration before this Court in Ku. Punam & Others (supra). While allowing the case of Ku. Punam & Other (supra), this Court observed as under: 1 ‘2008 (2) CGLJ 366 ' “22. The cases on hand are not the cases of cancellation of the selection process, the selection process have not been ' found vitiated on account of any reason including mass copying or mass 2 irregularities . The present cases are where the appointment orders, after having given ep’ect to, have been cancelled subsequently, on discovery of some facts that some of the candidates had submitted false and forged documents to obtain the appointments. 23. Applying the well settled principles of law to the facts of the present cases, the respondents/authorities have already prepared a second select list on the basis of the selections held earlier. 0n scrutiny, most of the candidates found place in the second list and their appointments are continuing, as such. some of the candidates could not find a ‘ place in the second list after scrutiny on account ofdoubtful documents submitted by them. It is, therefore, directed that the candidates who have not found place in the second list be ajj‘orded an opportunity of hearing t0 establish genuineness, truthfulness of the documents submitted by them for obtaining appointment on the posts bejbre their appointments made earlier are cancelled. ” 5. No order asto costs. Saulsh K Wham Judge Amit 4. In View of the well settled principles of law, this petition stands disposed of in terms ofKu. Punam (supra).