LAWS(DLH)-2010-9-167

SUNIL BHATNAGAR Vs. KENDRIYA VIDHALAYA SANGATHAN

Decided On September 10, 2010
SUNIL BHATNAGAR Appellant
V/S
KENDRIYA VIDHALAYA SANGATHAN Respondents

JUDGEMENT

(1.) Acquiring a graduation degree and a B.Ed. degree from Maithli Vishwavidyalaya Peeth Central University, misguided by the fact that the said university was recognized by the University Grants Commission and confident of having empowered himself with knowledge and degrees, the petitioner applied for being appointed as a primary teacher when the Kendriya Vidyalaya Sangathan i.e. the first respondent invited applications from eligible applicants, stating in the advertisement that the essential educational qualifications prescribed by the recruitment rules was a graduate degree as also a B.Ed. degree from a recognized institution. The petitioner successfully cleared the selection process and was appointed as a primary teacher. The next year i.e. in the year 1986 he submitted an application when the first respondent advertised and invited application from eligible persons to be appointed as a Trained Graduate Teacher, for which post prescribed education qualifications were the same as that of a primary teacher. Petitioner applied and was successful in the selection process and was appointed as a TGT in the year 1986.

(2.) He submitted his original degree certificates for verification when he was appointed as a primary teacher and nobody raised any objection that the Maithli Vishwavidyalaya Peeth Central University was not recognized by the University Grants Commission and thus the B.Ed. degree relied upon by the petitioner could not make him eligible as the requirement was of obtaining the degree from a recognized institution.

(3.) Petitioner rendered unblemished service, firstly as a primary teacher for one year and then as a TGT for 21 years, when on 20.11.2007 a charge sheet was issued to him alleging that the petitioner deliberately suppressed the information that the B.Ed. degree obtained by him from Maithli Vishwavidyalaya Peeth Central University was not a valid degree as the said university was not recognized by the University Grants Commission. It be noted that the respondent No.1 issued the charge sheet because a question had been raised in Parliament in the year 2007 pertaining to the degrees issued by Maithli Vishwavidyalaya Peeth Central University and the Minister for Human Resource Development had responded that University Grants Commission had not accorded any recognition to the said university and then various education institutes started re-scrutinizing their record and in the process it got detected that the B.Ed. degree submitted by the petitioner was from Maithli Vishwavidyalaya Peeth Central University.