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.) LEARNED counsel for the petitioner would argue that the appointment of the petitioner on the post of Head Master was not on the basis of qualification of M.Com and rather was on the basis of the Graduation Degree of B.Ed along with teaching experience. As such, counsel would argue that holding of M.Com qualification to be fake would have no bearing in so far as appointment to the post of Head Master was concerned. Another limb of the argument raised was that it would not be open for the respondent -authorities to deny to the petitioner the benefit of experience that the petitioner had gained on the post of Vocational Teacher, even if, he lacked the prescribed qualification for such post as experience by itself over a considerable length of time was sufficient to overcome such handicap. In this regard, reliance has been placed upon a Division Bench judgment rendered by this Court in case of Sarabjit Kaur Dhaliwal v. Punjab Agriculture University, Ludhiana and others,, 2012(6) R.C.R. (Civil) 2132 :, 2003 (4) R.S.J. 549. Counsel would even raise a ground as regards violation of the principles of natural justice by stating that a regular departmental inquiry had not been conducted in the matter and the petitioner, who was a regular employee could not have been removed from service as such.