SUSHIL SINGH Vs. STATE

JUDGEMENT

(1.) Heard. I have perused the record. Applications for engagement of 'Rehbar-e-Taleem' (ReT) teachers were invited by the Chief Education Officer, Jammu (respondent No. 3) vide Advertisement Notification No. 2 of 2009, which was published vide DIP/J-206 dated 11.04.2009. The advertisement inter alia comprised of two posts for Middle School, Garh (MS Garh) in Akhnoor Zone. Eligibility conditions for engagement as ReT among others were that the candidate should be a permanent resident of the State and be actually residing in the village where the appointment was to be made. The recruitment procedure provided that 'the applicant shall be selected on the basis of strict merit at village level/Panchayat/zone level/ward as per directions issued vide Government order No. 10639-Edu. of 2003 dated 12.11.2003.' It was, however, further provided that panchayat level/zonal level panel shall be drawn only if no eligible candidate of village/ward level applies. It was also provide in the advertisement notification that 'any qualification acquired after the cutoff for receipt of application form as per the advertisement shall not be considered'.

(2.) Petitioner applied for a post in MS Garh. The Village Education Committee (VEC) in a meeting held on 11.05.2009 under the chairmanship of Zonal Education Officer, Akhnoor (respondent No. 4) after verification of the application forms of the candidates by a resolution (Annexure-B) recommended seven candidates for the two posts in MS Garh. On 14.05.2009, respondent No. 4 prepared a tentative panel of candidates for consideration for engagement against the said two posts (Annexure - C). This panel comprises of all the seven candidates figuring in the resolution passed by the VEC. This panel seems and indisputably was prepared on the basis of merit obtained by the candidates in their academic qualification. Jublee Singh (respondent No. 5) whose qualification has been shown as B.Sc. figures at serial No. 1 in this panel whereas qualification of all other candidates has been shown as 10+2 and they have been placed in the list in descending order as per the percentage of marks obtained by them. To say briefly, Kashmir Singh, whose percentage of marks in 10 + 2 was 62 figures at serial No. 2 and Sushil Singh (petitioner) with percentage of marks as 60.01 figures at serial No. 3. On the same day, respondent No. 4 prepared tentative panel of two candidates comprising of respondent No. 5 at serial No. 1 and Kashmir Singh at serial No. 2 (Annexure-D) for their engagement against the said two posts. Both the panels, that is, Annexure-C and Annexure-D were signed by the members of VEC.

(3.) Petitioner says that he raised objection at various levels to placement of respondent No. 5 in the panel on two grounds. He alleged, firstly and mainly, that the B.Sc. degree produced by respondent No. 5, purportedly issued by the Bundelkhand University, Jhansi, was a forged document and secondly, that the said certificate was produced by him after the cutoff date for submission of the application forms. In the meantime, a relative of the petitioner secured report (Annexure-F) from Assistant Registrar, Bundelkhand University, Jhansi that confirmed the forgery of B. So degree produced by respondent No. 5. Petitioner says further that respondent No. 4 also took up the matter with Registrar, Bundelkhand University, Jhansi vide his No. ZEO/AKH/315 dated 10.06.2009 and the Registrar of the University vide communication No. B.U./Conf./105, dated 15.06.2009 (Annexure-H) informed respondent No. 4 that Sh. Jublee Singh son of Jagtar Singh (respondent No. 5) has not appeared in B.Sc. Final year 2004 under roll No. 80945 from any of the centers affiliated with the said University and that his marks sheet was forged and has not been issued by the that university. The Registrar also requested respondent No. 4 for getting FIR registered against the person who has produced the forged documents.