Krishna Hare Gaur vs Vinod Kumar Tyagi & ORS

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1755 OF 2015
(Arising out of SLP (Civil) No. 22246/2014)
KRISHNA HARE GAUR … Appellant
Versus
VINOD KUMAR TYAGI & ORS. … Respondents

Vidyapati Junior High School, Jageshwar, Murshangate, Mahamaya Nagar, District Hathras, U.P., which is an aided and recognized Junior High School, issued an advertisement on 28.07.2010 in the daily newspapers inviting applications from the eligible candidates for appointment on the post of Headmaster. Krishna Hare Gaur, the appellant along with Vinod Kumar Tyagi, respondent No.1 and several other persons applied for the said post. Respondent No.1 was selected and his appointment was approved by the District Basic Shiksha Adhikari on 09.09.2010 and appointment letter was issued on 10.09.2010. Based on the information obtained through RTI, the appellant made a representation dated 04.10.2010 to all the concerned authorities alleging that respondent No.1 had obtained appointment by using forged experience certificates along with his application. The appellant also submitted another complaint dated 15.10.2010 to the District Magistrate, Mahamaya Nagar. Since no action was taken by any of the authorities, the appellant filed Writ Petition No.70074/2010 raising objections to the said appointment. The learned Single Judge of the High Court, after hearing the parties, vide order dated 02.12.2010 directed the District Basic Shiksha Adhikari to pass a reasoned order within a period of six weeks. The District Basic Shiksha Adhikari, vide order dated 3.02.2011, rejected the representation of the appellant. Aggrieved by the said order, the appellant preferred Writ Appeal No.13537/2011, which was also dismissed, vide order dated 10.03.2011, holding that the District Basic Shiksha Adhikari has recorded a categorical finding that he inspected the original records and found that Respondent No.1 has requisite five years teaching experience….read more