SMTI LANUTOLA Vs. THE STATE OF NAGALAND

JUDGEMENT

(1.) AND ORDER (Oral) - The petitioner was appointed as Hindi teacher on temporary basis at Agriland English School, Ghonivi Village by an order dated 28-11- 2003. While the petitioner was serving as such, the Government of Nagaland constituted a Special Investigation Team (SIT) in the month of January, 2009 for investigation into the cases of excess, bogus appointments etc. After the investigation, the SIT published a list of bogus and doubtful teachers on 25-03-2010, wherein the name of the petitioner was included in the list of bogus appointees. Thereafter, the SIT continued with numerous rounds of verification wherein, the petitioner along with others were subjected to appearance before the SIT. However, as the State Government failed to initiate positive steps to redress the grievances of the teachers, the aggrieved teachers formed an Association in the name and style of 'The Aggrieved Teachers Association of Nagaland (ATAN). Thereafter, the ATAN had several negotiations with the respondents and finally the Chief Secretary to the Government of Nagaland by communication dated 30-04-2012 assured the ATAN that for the exercise of the purpose of re-instatement/reappointment of the affected teachers, the SIT was verifying only the educational qualification of the aggrieved teachers. Thereafter, on the basis of the verification report submitted by the SIT, 869 teachers were re-instated back into service by Memorandum dated 25-06-2012 and the remaining 193 teachers were further categorized into different groups by the report of the SIT dated 13-05-2014. In the said categorization, the name of the petitioner appeared at Serial No. 18 DLVC No. 162 in the category of possessing fake certificate. When the petitioner came to know that she was placed in the category of teachers possessing fake certificate, she made some inquiries and later on, it was found that the respondent No. 4 had submitted the Roll Number of the petitioner bearing a different year than the year that she had actually passed. The petitioner therefore, approached the Principal of Rashtra Bhasha Hindi Training Institute (R.B. Hindi College), Hindi Naar, Padamphukhuri, Dimapur, Nagaland from where she had passed her examination. Thereafter, the said Institute issued a letter dated 22-06- 2015 clarifying that she had passed her examination from the said Institute. In the meantime, a group of 136 teachers approached this their services in the light of the Memorandum dated 25-06-2012 by which 969 teachers were reinstated back into service. The said writ petition was disposed of by order dated 15-07-2014 directing that the petitioners in W.P (C) 215 (K) of 2013 be reinstated back into service. However, in respect of the present petitioner, the respondents continued to place her in the category of teachers possessing fake certificate despite the clarification given by the Institute from where the petitioner had passed and therefore, the present writ petition.

(2.) Heard Mr. Imti Longjem, learned counsel for the petitioner. Also heard Mr. K. Wotsa, learned Senior Government Advocate appearing for the State respondents as well as Mr. N. Mozhui, learned Standing counsel, Vigilance and Anti-Corruption, Nagaland, Kohima/respondent No. 4.

(3.) Mr. Imti Longjem, learned counsel for the petitioner submits that while the SIT was verifying into the authenticity of the certificates furnished by the teachers in terms of the communication dated 30-04- 2015 made by the Chief Secretary to the Government of Nagaland, the SIT had sent for verification of the petitioner's certificate by wrongly indicating her Roll No. as 3222 to have passed examination in the year 2009. However, after realizing the mistake, the respondent No. 4 by another communication dated 14-08-2015 wrote to the Controller of Examination, Rashtra Bhasha Prachar Samiti, Vardha clarifying the error that they had sent and asked for clarification in respect of the petitioner being Roll No. 3222 and the year of passing as 1999. In reply to the letter dated 14-08-2015, the Institute by clarification letter dated 20-02-2016 clarified that as per the record, the petitioner bearing Roll No. 3222 secured 150 marks and had passed in 2nd Division. It was however stated that the marksheet which was sent along with the letter dated 14-08-2015 was not issued by the Samiti.