(1.) In view of up-gradation of Primary School, Tangbal to the status of Middle School, two posts of Rehbar-e-Taleem teachers under Sarva Shiksha Abiyan, are shown to have been created. Applications from eligible candidates have been invited vide advertisement notice dated 27.2.2009 for selecting two candidates, one with Math and another with Science background. The petitioner and respondent No. 5 had applied as against the post with Science background. The petitioner was shown to have secured 291 marks in 10+2 whereas respondent No. 5 was shown to have secured 285 marks so figured at serial No. 2. The petitioner on aforesaid basis, being superior in merit, was appointed vide order dated 01.09.2009.
(2.) The respondent No. 5 seem to have sought information under Right to In- formation Act about position of qualification of the petitioner. It surfaced that the petitioner in fact had secured 257 marks in her 10+2. Noticing the same position, petitioner filed SWP No. 438/ 2012 and vide order dated 09.03.2012, passed in the said writ petition, present status of the petitioner was directed to be maintained and all legally earned wages were directed to be paid to her in accordance with rules.
(3.) Before the aforesaid order dated 09.03.2012 could be served upon the respondent No. 4(Zonal Education Officer), the said respondent had passed a detailed order dated 10.03.2012 wherein all the circumstances have been noticed and it has been concluded that the petitioner has managed her entry by indulging in criminal act as she had produced Photostat copy of 10+2 marks card showing to have obtained 291 marks when on verification from J&K Board of School Education, Srinagar, it is clearly shown that she had passed 10+2 examination under Roll No. 179541 session 2001 (annual) and had secured only 257 marks. It has further been concluded that the petitioner has deceived the department and by deception, at the cost of respondent No. 5, has secured the appointment order by producing forged and fraud marks card. Finally the petitioner has been ordered to be disengaged from service as ReT with immediate effect.