VIBHUTIBEN V PATEL Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the order dated 30th December 1996 by which the District Primary Officer, District Panchayat, Valsad, has removed the petitioner from service as Primary Teacher on the ground that when the petitioner was appointed as Primary Teacher the petitioner had produced false and fabricated marksheet of Standard X and obtained the appointment by false representation and cheating.

(2.) The petitioner was appointed as Primary Teacher in District-Panchayat, Valsad in the year 1986. For the purpose of appointment as 'Primary Teacher', the basic qualification required is 'PTC' and in the interview weightage is required to be given to 35% of the marks obtained in SSC and 55% of the marks obtained in PTC. On the basis of the marksheets submitted by the petitioner, the petitioner was appointed as 'Primary Teacher'. It appears that, in the marksheet submitted by the petitioner it was mentioned that she has obtained 57 marks out of 100 in Gujarati subject; 66 in Hindi, 79 in Social Studies, 73 in Sanskrit, 69 in Geography, and in Drawing 60 marks. On the basis of one application made to the District Primary Education Officer that the petitioner has obtained appointment by submitting false and fabricated marksheets, the District Primary Education Officer inquired into the matter and submitted a report, on the basis of which the petitioner came to be removed from service by holding that the petitioner has secured the appointment as Primary Teacher by submitting false and fabricated marksheet of SSC. Accordingly, by impugned order dated 30th December 1996 the petitioner came to be removed. Being aggrieved and dissatisfied with the impugned order dated 30th December 1996, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.

(3.) Ms. Moxa Thakker, learned advocate appearing for the petitioner has vehemently submitted that the impugned order dated 30th December 1996 is in breach of principles of natural justice. It is further submitted by her that the marks obtained in SSC were insignificant for the purpose of appointment as Primary Teacher, and only the marks obtained in PTC are required to be considered for such appointment and therefore the impugned order should be quashed and set aside, as by production of false and fabricated marksheet of SSC the petitioner is not benefitted and only PTC marks are required to be considered. It is further submitted by her that the impugned action has been taken after a period of 10 years and therefore also the impugned order should be quashed and set aside as after a period of 10 years the petitioner could not have been removed from the service.