PAWAN KAUSHISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of the above noted three petitions i.e., CWP-5305-2013 Pawan Kaushish v. State of Haryana and others; CWP-5008-2013; M.L.N. Senior Secondary School, Radaur, Yamuna Nagar v. State of Haryana and others and COCP-1101-2013 Pawan Kaushish v. State of Haryana and others. In C.W.P. No. 5305 of 2013, the petitioner has challenged the order dated 13.2.2013, Annexure P14, passed by the Principal Secretary to the Government of Haryana, School Education Department, setting aide the decision of the Governing Body of M.L.N. Senior Secondary School, Radaur, District Yamuna Nagar, terminating the services of Malkhan Singh respondent No. 5 on the ground that the said decision is contrary to the directions of the High Court in C.W.P. No. 23807 of 2011 titled Pawan Kaushish v. State of Haryana and others, decided on 9.10.2012.

(2.) In C.W.P. No. 5008 of 2013, M.L.N. Senior Secondary School, Radaur, Yamuna Nagar, has also challenged the same order. In COCP No. 1101 of 2013, petitioner Pawan Kaushish has sought action against the Principal Secretary, Department of Education, for disobeying the order passed by this Court in C.W.P. No. 23807 of 2011 titled Pawan Kaushish v. State of Haryana and others, decided on 9.10.2012.

(3.) The facts of the case as gathered from the writ petition Pawan Kaushish v. State of Haryana C.W.P. No. 5305 of 2013, are that an advertisement dated 2.10.2009, was published for filling up a regular sanctioned post of PTI Teacher in M.L.N. Senior Secondary School, Radaur, Yamuna Nagar. 42 candidates applied for the said post. Selection Committee was under pressure to select and appoint Malkhan Singh respondent No. 5 who was already working as D.P.E. from 19.7.1999 to 18.2.2000 and thereafter from 1.7.2004 till the order of termination was passed by the Management of the above said School. M.L.N. Senior Secondary School, Radaur, Yamuna Nagar, is an aided school. Malkhan Singh respondent No. 5, during the course of his service, had shown himself a student of B.C.PE. College, Balipal Balasore (Orissa) in the Course of M.P.Ed. Session 1999-2000. He was also working as regular teacher in the school during the said session. A copy of the M.P.Ed., certificate of respondent Malkhan Singh has been placed on record as Annexure P2. An experience certificate issued by the School indicating that during the year 1999-2000, he was working in the said School. These two certificates are contrary to each other as such, the certificate Annexure P2, is fake and forged. Merit list of the candidates was prepared and name of the petitioner and Malkhan Singh was at Sr. No. 40 & 28 respectively. Malkhan Singh was selected. The name of the petitioner was next on merit to Malkhan Singh. Malkhan Singh had been awarded 77 marks which contained 10 marks for his higher qualification whereas the petitioner was granted 71 marks. Both, petitioner and Malkhan Singh had been given 10 marks each for higher qualification. The experience certificate was issued by M.L.N. Senior Secondary School, Radaur, Yamuna Nagar. The certificate of M.P.Ed in the year 1999-2000 as per B.C.PE. College, Balipal Balasore (Orissa), was absolutely fake certificate as in the year 1999-2000, he had been drawing salary of Rs. 1500 per month regarding which a school certificate had been issued to Malkhan Singh. The petitioner claims that the certificate issued by B.C.PE. College, Balipal Balasore (Orissa) is a forged and fabricated document. Thee petitioner had filed C.W.P. No. 23807 of 2011 titled Pawan Kaushish v. State of Haryana and others, decided on 9.10.2012 and challenged the appointment of Malkhan Singh on various grounds. It was pleaded that Malkhan Singh had used forged and fabricated certificate and the Selection Committee had wrongly granted him marks for higher qualification. The petitioner had issued a legal notice to the respondents on 17.10.2011 for quashing the selection and appointment of Malkhan Singh. In response to said legal notice, the respondent school intimated the counsel for the petitioner that disciplinary proceedings had been initiated against Malkhan Singh. A copy of said letter dated 5.11.2011, has been appended with the petition as Annexure P8.