SURINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was serving as Head Master under the Punjab State Education Department, has filed the instant writ petition questioning the validity of the order dated 1.6.2011 (Annexure P-7) passed by the Principal Secretary, Govt. of Punjab, School Education Department, whereby he has been removed from service on the ground that his M.Com Degree obtained from Magadh University, Bodh Gaya (Bihar) is fake. Facts in brief may be noticed.

(2.) It has been pleaded that the petitioner did his Graduation in Commerce from Guru Nanak Dev University, Amritsar in the year 1987. In the year 1991 the petitioner did his M.Com. from Magadh University, Bodh Gaya (Bihar) as a private candidate. Petitioner completed his B.Ed. in the year 2005 from Punjabi University, Patiala. In December, 1994 the Departmental Selection Committee (Teaching), State Education Department invited applications for various posts of teachers including Teacher of Book Keeping and Accountancy in the Commerce stream. Petitioner applied for the same on the basis of his M.Com. qualification and was duly selected and appointed as Vocational Teacher on 14.2.1997. On 21.10.2006 respondent-department issued advertisement inviting applications for appointment as Head Masters in various High Schools situated across the State. Essential qualification prescribed was B.T or B.Ed or Senior Basic Training along with requisite experience. Petitioner being eligible, applied for appointment on the post of Head Master and was duly selected. Accordingly, he resigned from the post of Vocational Teacher on 11.12.2006 and joined as Head Master on 18.12.2006. It is further pleaded that petitioner even successfully completed his probation period.

(3.) On 22.12.2010 petitioner was issued a show cause notice (Annexure P-5) to the effect that the department had got his M.Com. Certificate verified and which had found to be fake. His explanation, as such, was called for in writing, within a period of 21 days. Petitioner submitted a reply and after having been given an opportunity of personal hearing on 21.4.2011 the impugned order dated 1.6.2011 was passed removing him from service.