KUNDAN SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has approached this Court impugning order dated 25.9.2009 (Annexure P-11) dismissing the petitioner from the post of Veterinary Pharmacist w.e.f. 23.11.2001 and order dated 10.08.2010 (Annexure P-13) vide which the statutory appeal preferred by the petitioner stands dismissed on the ground that the said orders are not sustainable especially in the light of the judgment passed by this Court in CWP No.5710 of 1983 titled as Gurchain Singh and others vs. The State of Punjab and others, decided on 19.1.1984 (Annexure P-2).

(2.) Petitioner passed his Matriculation from the Central Board of High Education, New Delhi, in the examination held in March 1980, result whereof was declared on 19.6.1980. On the basis of the said certificate, he was granted admission to one year's Certificate Combined Course for Stock Assistants/Veterinary Compounders run by the Animal Husbandry Department of the State of Punjab. Petitioner completed the said course.

(3.) The admission of some of the similarly placed candidates, as the petitioner, who had passed their Matriculation Examination from the Central Board of High Education, New Delhi, was cancelled by the Department of Animal Husbandry, which action was challenged by those students by filing CWP No.5710 of 1983 Gurchain Singh and others vs. State of Punjab and others. The said writ petition was allowed by this Court vide order dated 19.1.1984 holding therein that the petitioners had neither played any fraud nor misrepresented to the respondents with regard to the qualifications possessed by them and, therefore, merely because the Matriculation Certificate possessed by them was not a recognized one by the Government of Punjab, could not be a ground for cancellation of the admission of the students. He, on this basis, contends that the petitioner when came to know about the objection raised by the State of Punjab with regard to the Matriculation Certificate as possessed by the similarly placed persons and the same being not recognized by the State of Punjab, passed his Matriculation examination from the Punjab School Education Board with Roll No.614868, certificate of which was issued to him on 15.10.1988 (Annexure P-3). Petitioner was appointed as a Veterinary Pharmacist on 16.5.1996. On the said date, petitioner was possessing a duly recognized Matriculation Certificate from the Punjab School Education Board as also the professional course certificate which was required for appointment to the said post. No fraud or misrepresentation was made by the petitioner with the respondent-Department while obtaining appointment or undergoing the Veterinary Course which was also conducted by the Department of Animal Husbandry. His further contention is that the impugned orders which are based upon a presumption that the petitioner has misrepresented or played a fraud upon the respondents is totally misplaced and cannot be a ground for terminating the services of the petitioner, especially in the light of the fact that the petitioner possessed a duly recognized Matriculation Certificate as also the ratio of the judgment passed by this Court in Gurchain Singh's case covers the factum with regard to the petitioner having possessed a valid one year's Combined Certificate Course for Stock Assistants/Veterinary Compounders.