N SANTHARAJ Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) HEARD Mr. K. Rajkumar, learned counsel for the petitioners and Mr. S. Rajasekar, learned Additional Government Pleader for respondents.

(2.) I. The Lis: The petitioners, in both the writ petitions have challenged the order of re-moval from their respective services as teach-ers whose qualifications in teacher training course from Karnataka Education Board were found to be not genuine.

(3.) SUSPENSION and removal-teachers' first challenge in Karnataka High Court fails: The action against the petitioners served with orders of suspension and disciplinary action commenced with the charge that they had not passed Teachers training Course and unless the genuineness of the certificates were estab-lished within the particular period, further consequence would follow. The period men-tioned expired on 7.10.1989 and when no fur-ther proof was obtained to support the credibility of the certificates, they were removed from service. The petitioners were reported to have sent notices to the Director of School Education, Karnataka challenging the decision to discredit the certificates, but no action was forthcoming and hence they filed W.P.No.7416 of 1991. The petitioners had sought for several reliefs, some of them legiti-mately before the High Court and some of the reliefs even fell outside the jurisdiction. But the decision of learned Judge was one of dis-missal of their claims. In the judgment, we find reference to the fact that original records maintained by the Board were examined by the Court, which according to the learned Judge clearly showed that the petitioners had failed. But, the Court did not embark on the enquiry regarding the certificates themselves to take them to their logical conclusion, re-fraining from pronouncing upon pure ques-tion of facts, but in the circumstances, had directed that the appropriate remedy would be only to approach the Board itself and place necessary materials before it for considera-tion. The Court found it untenable to grant the relief of reemployment into service and leav-ing it open to them to approach the competent forum in Tamil Nadu, if they so desired.