NEELAM CHAUHAN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Ashok Khare, Sri Shashinandan, Sri H.N. Singh, Sri R.K. Ojha, and Sri V.K. Singh, learned senior advocates along with their assisting counsels, Sri Prabhakar Awasthi, Sri Satyendra Chandra Tripathi, Sri Siddharth Khare, Sri Rohit Upadhyay, Sri Rakesh Kumar Singh, Sri Kailash Nath Singh, Sri Arvind Kumar Tiwari, Sri Vineet Kumar Singh, Sri K.M. Yadav, Sri Upendra Kumar, Sri Ajit Kumar, Sri Vinod Kumar Singh, Sri Man Bahadur Singh, Sri Rajeev Kumar and Sri Ram Jatan Yadav and other learned counsels for the petitioners, Sri Sanjay Kumar Singh, Sri Bhupendra Kumar Yadav, Sri Raghvendra Pratap Singh, Sri Sanjay Kumar Srivastava, Sri Vikram Bahadur Singh, Sri A.K. Yadav, Sri Yatindra, Sri Raghvendra Pratap Singh, Sri Shyam Krishna Gupta, Sri Pradeep Singh Sengar, Sri Pranesh Dutt Tripathi, Sri Suresh Kumar, Sri B.K. Yadav, Sri Sanjay Chaturvedi and Sri Shravan Kumar Pandey, learned counsels for the District Basic Education Officers and the U.P. Basic Education Board, Prayagraj, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri J.N. Maurya, CSC I and Sri R.P. Dubey, learned Additional Chief Standing counsel for the State respondents, and, Sri Ashok Mehta, learned senior advocate assisted by Sri Gagan Mehta, Sri M.N. Singh and Sri Avanish Tripathi, learned counsels for the respondent Dr. Bhimrao Ambedkar, University, Agra. Sri Akhilesh Chandra Misra, Advocate whose name is appearing in several writ petitions as counsel for the respondent University has not appeared.

(2.) This batch of writ petitions were heard at length on several days. Learned counsels for the petitioners have argued the matter on 12.02.2020, 13.02.2020, 14.02.2020, 18.02.2020, 20.02.2020, 24.02.2020 and 03.03.2020. Arguments on behalf of respondent University were heard on 25.02.2020 and 26.02.2020. Learned Additional Advocate General on behalf of State has also argued on 03.03.2020. In rejoinder submissions were made by learned counsels for the petitioners on 4.03.2020, 05.03.2020 and 06.03.2020. WRIT - A No. - 190 of 2020 and WRIT - A No. - 13785 of 2019 have been treated as leading writ petition in which the respondent University filed counter affidavits and supplementary counter affidavits but no rejoinder affidavits have been filed by the petitioners despite time granted on 10.02.2020 on request of Sri Ashok Khare, Sri H.N. Singh, Sri R.K. Ojha, learned senior advocates which fact is noted in the order dated 10.02.2020.

(3.) Petitioners in this batch of writ petition are Assistant Teachers. They obtained employment as Assistant Teachers on the basis of alleged B.Ed. Degree - 2005 shown to have been issued by Dr. Bhimrao Ambedkar University, Agra. Subsequently their degree/marksheets were found to be fake or tampered. Special Investigation Team (SIT) was constituted under the Orders of this Court in Writ Petition No. - 2906 of 2013 (PIL) (Sunil Kumar Vs.Dr. Bhimrao Ambedkar University And Another). The SIT submitted its report dated 14.08.2017 giving details of fake degrees/marksheets and tampered degrees/marksheet. Thereafter, the District Basic Education Officers issued notices to the petitioners requiring them to show cause as to why their appointments be not cancelled on the ground of their B.Ed. Degrees/marksheets to be fake or tampered. Thereafter the impugned orders cancelling the appointments of the petitioners were passed.