SANDEEP KUMAR SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 30th March, 2010 (Annexure A/1) passed by learned Single Judge in WP(s) No.5568/2008 whereby the petitioner's writ petition against the order dated 25.8.2008 passed by the Collector, Durg, canceling his appointment on the post of Shikshakarmi Grade-Ill, has been dismissed.

(2.) THE appellant was appointed as Shikshakarmi Grade-Ill on 20.7,2007 for a probation period of three years by Janpad Panchayat, Nawagarh. He was served with a show cause notice dated 16.2.2008 and asked to explain the allegation of submitting fake documents. He denied the allegation and claimed that the alleged documents are not fake, and the same are genuine and bonafide documents. The District Education Officer (DEO) came to the conclusion that there is no mention of experience certificate in the records and as such, the experience certificate was a fake document. The matter was referred to the Collector. The Collector, after considering all the aspects of the matter, vide his order dated 25.8,2008 concluded that the experience certificate issued in favour of the petitioner was a bonafide and genuine fiqs document as the Block Education Officer as certffied about the experience of teaching of the petitioner. However, his appointment was cancelled on the ground that he does not have minimum eight months' teaching experience.

(3.) SHRI Jitendra Pali, learned counsel for the appellant submits that the appellant was awarded 5 marks on the basis of experience certificate. Even if this bonus marks are deducted, the appellant would have been selected as Shikshakarmi Grade-Ill, and several others are still working as Shikshakarmis, who have secured lesser marks than the appellant. The appellant's appointment could not have been cancelled only on the ground that he has been awarded 5 marks for teaching experience for a period of five months as it was none of the faults on the part of the appellant in awarding marks. Referring to the counter affidavit filed by the Janpad Panchayat, Nawagarh in compliance of the Court's order dated 14.6.2010, it was argued that if 5 marks awarded to the appellant towards teaching experience are deducted, in that case, he would have secured 54.49%, whereas in the merit list, the other candidates, namely Ramniwas Singh Rajput and Bhuvneshwar Prasad Shukla, who secured 54.34% and 54.21% respectively, and placed at SI-No.172 and 181, have been appointed under the "Unreserved Category".