Harvir Singh vs State of Rajasthan and Others

Vijay Bishnoi, J.—The petitioner, in this writ petition, has challenged the order dated 7.5.2004 passed by the District Establishment Committee of the Zila Parishad, Barmer whereby the case of the petitioner was considered and a decision was taken that as the petitioner has failed to produce any proof, evidence and documents to prove that he has obtained B.Ed. Degree from Kanpur University, Kanpur, he is not entitled to reinstate on the post of Teacher Grade III with the respondent-department. Brief facts of the case are that the petitioner was appointed as Teacher Grade-III by the Vikash Adhikari, Panchayat Samiti, Balotra on 29.9.1989 purely on temporary basis for period of six months or till availability of regularly selected candidates, whichever is earlier, on a fixed salary of Rs. 818/- per month. The B.Ed. Degree, (obtained from the Kanpur University, produced by the petitioner at the time of his appointment, was sent for verification and the Kanpur University informed the Vikas Adhikari, Panchayat Samiti, Balotra that the B.Ed. Degree of the petitioner has not been issued by the said university and the same is forged one.

After receiving the said information from Kanpur University, the Vikas Adhikari, Panchayat Samiti, Balotra terminated the services of the petitioner vide order dated 17.7.1992 (Annex. 2). The petitioner has challenged the validity of the order dated 17.7.1992 (Annex. 2) by way of filing writ petition, being numbered as S.B. Civil Writ Petition No. 4244/1992 while alleging that no opportunity of hearing was provided to the petitioner before terminating his services. The said writ petition of the petitioner was disposed of by a coordinate Bench of this Court on 24.5.1994 with a direction to the respondents to provide full opportunity to the petitioner to satisfy the respondents that the marksheet produced by him in respect of having passed B.Ed. Examination from Kanpur University, is genuine and not forged. It is further directed by this Court that if the respondents are satisfied that the petitioner has passed the B.Ed. Examination, they shall reinstate him in service, but if they are not satisfied, they will record the reasons of their dissatisfaction.

In pursuance of the directions given by this Court, the District Establishment Committee of the Zila Parishad, Barmer has passed the impugned order dated 7.5.2004.

The learned counsel for the petitioner has argued that the Vikas Adhikari, Panchayat Samiti, Balotra has filed first information report at the police station Balotra, with the allegation that the petitioner had produced forged degree of B.Ed. at the time of his appointment, however, the police, after thorough investigation, has filed a final report while concluding that a false FIR has been lodged against the petitioner. It is further contended by the learned counsel for the petitioner that Vikas Adhikari, Panchayat Samiti Balotra has filed a protest petition against the final report filed by the police, however, the Additional Chief Judicial Magistrate, Balotra vide order dated 8.5.1995 has accepted the said report and, therefore, the petitioner is entitled to be reinstated in service, but the respondents have not taken into consideration this aspect of the matter and has passed the impugned order denying reinstatement of the petitioner in service.

Learned counsel for the respondents, Mr. R.L. Jangid, A.A.G. assisted by Mr. Rishab Tayal has argued that the petitioner has failed to satisfy the respondents regarding genuineness of his B.Ed. Degree obtained by him from Kanpur University, Kanpur and, therefore, the respondents have rightly passed the impugned order.

The learned Additional Advocate General has also argued that at one point of time, the petitioner has produced a letter dated 23.7.1992, alleged to have been issued by Kanpur University, declaring that the B.Ed. Degree obtained by the petitioner from Kanpur University is genuine one, but later on in response to a query sent by the District Collector, Barmer, the Kanpur University vide its letter dated 12.2.1993 has informed that the earlier information provided by the university vide letter dated 11.6.1992, declaring that the B.Ed. Degree of the petitioner has not been issued by the Kanpur University and the same is forged, is correct information and letter dated 23.7.1992, declaring the alleged B.Ed. Degree of the petitioner as genuine, has not been sent by the university. It is also contended by the learned counsel for the respondents that when the petitioner has failed to satisfy about the genuineness of his B.Ed. Degree, the respondents have rightly refused to reinstate the petitioner in service and the respondents have recorded detailed reasons for the same.

Heard learned counsel for the parties and perused the impugned order as well as material placed on record.

The District Establishment Committee, Zila Parishad, Barmer has considered the case of the petitioner after providing him full opportunity of hearing and has found that the Kanpur University, Kanpur has certified that the alleged B.Ed. Degree of the petitioner has not been issued by it. The District Establishment Committee has also observed that during the course of hearing, the petitioner has failed to produce the evidence or document to prove that he has obtained B.Ed. Degree from Kanpur University, Kanpur and the B.Ed. Marksheet produced by the petitioner is not appeared to be correct. The District Establishment Committee has also observed that the petitioner was appointed purely on temporary basis for a period of six months or till the availability of regularly selected candidates, whichever is earlier and regularly selected candidates were available in pursuance of the selection carried out by the District Establishment Committee through advertisement No. 7/94 and the services of all the temporarily appointed teacher grade III were discontinued by the Panchayat Samiti, Balotra on 10.8.1994 and had the petitioner was in service upto 1984, his services would also have been terminated. After taking into consideration all these aspects of the matter, the District Establishment Committee has passed the impugned order.

After going thorough the material available on record and in view of the fact that the petitioner has failed to produce any proof to prove the fact that he has obtained B.Ed. Degree from Kanpur University, Kanpur, this Court does not find any illegality in the impugned order passed by the District Establishment Committee. Even before this Court also, the petitioner has not produced any proof, evidence and documents to prove the fact that he has obtained a genuine B.Ed. Degree from Kanpur University, Kanpur and in such circumstances, this Court does not find any merit in this writ petition. Hence, the same is hereby dismissed.