DEVENDRA SINGH BHATIA Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petion is directed against the order dated 15.9.2006 (Annexure 28 to the writ petition) passed by Registrar, Bundelkhand University cancelling mark-sheet and degree of B.Ed. issued to petitioner in 1994 being forged and fictitious having been obtained by playing fraud and thus cancelling his result of the said course.

(2.) THE facts giving rise to the present dispute, as stated in writ petition, are that petitioner obtained his academic qualification of High School in 1978, Intermediate in 1980, B.Sc. in 1989 and M.Sc. in 1996. He was temporarily appointed as Teacher in Sri Guru Nanak Khalsa High School, Sipari Bazar, Jhansi on 9.8.1993 for imparting education in the subjects of Science and Maths. THE initial engagement of petitioner was without any remuneration or in other words, on honorarium basis, but subsequently he received salary with effect from 1.8.1994. He sought admission in B.Ed. course conducted by Bundelkhand University, Jhansi in 1994. For that purpose he claims to have appeared in entrance examination. Petitioner submitted an application dated 6.1.1994 before Principal, Guru Nanak Khalsa High School, Jhansi stating that he has been selected for B.Ed. course of Bundelkhand University and, therefore, be allowed to join the said course as an institutional candidate. THE permission said to have been granted by the Principal on 6.1.1994 itself. Petitioner paid examination fees of Rs. 475/- vide bank draft No. 507843 for appearing in B.Ed, course for the academic session 1993-94. An admit card was issued to him for appearing in B.Ed. examination 1993-94 bearing roll No. 2241. A photocopy of the said card has been placed on record at page 52 of the writ petition. Petitioner appeared in all five papers mentioned in his admit card. THE result was declared in November 1994 and a mark-sheet bearing sl. No. 682 dated 16.11.1994 was issued to the petitioner. He applied for provisional certificate by depositing requisite fee on 12.10.1998 which was issued to him on the same date. He deposited requisite fees for issuance of "B.Ed. Degree" which was also issued to him. A photocopy of B.Ed, degree has been placed on record as Annexure 12 to the writ petition. He also required duplicate mark-sheet of B.Ed. examination 1993-94 for which requisite fee was deposited on the same date i.e. 21.9.1998 and the same was also issued on 21.9.1998. Possessing the above qualification of B.Sc, M.Sc. and B.Ed., petitioner applied for appointment on the post of Principal and was ultimately appointed as Principal, Sri Guru Nanak Khalsa Inter College on 7.9.1999. His appointment was duly approved by Joint Director of Education on 7.9.1999. After appointment, petitioner was continuously working on the post of Principal and was confirmed later on.

(3.) IT is contended that petitioner has appeared in B.Ed. examination as a regular institutional candidate and, therefore, all the grounds, which have been relied on by respondent No. 2 in order to cancel his result of B.Ed. examination, are baseless and illegal.