TEHSIL NALAGARH Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) THIS appeal is directed against the judgment, dated 9.3.2009, passed by a learned Single Judge of this Court, whereby he not only dismissed the writ petition filed by the petitioner but also held that it was open to the State Government to recover the salary paid to the petitioner from 1988 onwards. Admittedly, the petitioner who is working as a JBT, has obtained the requisite JBT certificate from Union Teacher 'sTraining Centre, Rajpura Town. The question whether such institution was authorized to issue such certificates was subject matter of various Original Applications wherein the erstwhile H.P. State Administrative Tribunal set aside the action of the State Government in holding the said certificates to be fake/not genuine only on the ground that no opportunity had been given to the teachers to put forward their case. Thereafter, the State went to the Apex Court, which directed that inquiry can be held after associating the concerned parties. After inquiry, it was found that the certificates were fake. Thereafter, the services of the petitioner were also terminated.

(2.) THE grievance of the petitioner is that she had not been given a separate notice while holding the inquiry. There is no dispute with regard to this fact. However, the main question is whether the petitioner had qualified her examination. From the facts placed on record, it is apparent that the Union Teacher 'sTraining Centre, Rajpura Town had no authority whatsoever to issue certificates of its own. It could at best be a centre of some recognized University or institution. In the case of the petitioner, there is no certificate issued by the Registrar, Departmental Exam. Allahabad, U.P. placed on record to show that she had passed any such examination. No doubt, the petitioner has not been directly issued a notice for this inquiry, but we cannot loose sight of the fact that in the inquiry conducted pursuant to the orders of the Apex Court, 284 candidates appeared before the Inquiry Officer, who claimed to have obtained the JBT qualification from the Union Teacher 'sTraining Centre, Rajpura Town, which, in turn, claimed to be a Centre of the Departmental Exam., Allahabad, U.P. The Inquiry Officer found that in all the 284 cases, the certificates procured by the candidates were fabricated or fake. While coming to the conclusion, the Inquiry Officer found that whereas the certificates were purported to be signed by different persons, these persons were not holding the posts of Registrar, Departmental Exam., Allahabad, U.P.