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Sri K.S. Kushwaha, learned counsel for the Commission, however, raised a preliminary objection that the petitioners in their application form with regard to the column regarding possession of the requisite qualification of CCC certificate awarded by the “DOEACC”.
Along with the counter affidavit, the application forms of the petitioners have also been filed and it is submitted that the petitioner no.1-Abha Tripathi and the petitioner no.2-Amod Chauhan have in Column No.2 under the head of essential qualification details, with regard to possession of CCC certificate awarded by the “DOEACC” Society has written 'YES' in their application form. Shri K.S. Kushwaha submits that this is a false declaration since on their own admission in the present writ petition the petitioners are not in possession of the CCC certificate awarded by the “DOEACC” Society and it is only on the basis of their false declaration that they were allowed to appear in the written test. The stand of the respondents in para 21 of their counter affidavit is that the order dated 22.11.2011, Annexure-4 to the counter affidavit was infact a recommendation made by the Finance Ministry addressed to the Principal Secretary, Panchayati Raj, Government of U.P. laying down the eligibility conditions of CCC certificate in computer from the “DOEACC” Society in the Grade Pay of Rs.2000/- for the post of Panchayat Raj Adhikari whereas the Government Order dated 23.11.2012, page 52 of the counter affidavit was a letter written by the Government of U.P. to the Director, Panchayati Raj, Lucknow which referred to the letter of the Finance Ministry dated 22.11.2011 but for the post of Gram Panchayat Adhikari it laid down the eligibility qualification of CCC certificate in computer from the DOEACC Society in the Grade Pay of Rs. 2000/- with immediate effect.