BILLO JI BHAGAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner belonging to a Kashmiri Pandit family got married in the year 1983 to Mr. Tirath Ram Bagat who belongs to a Scheduled Caste community. After marriage petitioner obtained Scheduled Caste certificate which was issued in her favour on 05.07.1985 by the competent authority (Tehsildar) in terms of SRO 272 dated 03.07.1982. Subsequently, in the year 1994 SRO 272 was repealed. Again the competent authority (Tehsildar) has issued fresh Scheduled Caste certificate in favour of the petitioner on 03.04.1995. An advertisement notice was issued by respondent Kendriya Vidyalaya Sangathan in the month of June, 1996 for the posts of Trained Graduate Teacher (TGT) in English under category Scheduled Caste. Petitioner also applied, in the selection process got selected and finally appointed vide order No. AC-KVS JR 4231 dated 25.09.1997. In pursuance whereof, she was posted as TGT(English) at Kendriya Vidyalaya No. 1 Udhampur where she joined on the same date i.e. 25.09.1997.

(2.) On 13.08.2007, Principal of Kendriya Vidyalaya No. 2, Jammu Cantt, J&K, issued a memorandum where-under petitioner was informed that the Scheduled Caste certificate attached with her application form would reveal that prior to her marriage she did not belong to Scheduled Caste community, as such, has been asked to produce certificate by birth in original latest by 24.08.2007, which he could not, therefore, articles of charge were framed and served upon her to which she has submitted her reply wherein she has stated that 10 years prior to the date of advertisement notice she had obtained Scheduled Caste certificate. Amongst other things she has also stated that on appointment she was posted at Udhampur where she taught English subject to the students of 6th and 7th standard for three and a half years, her second posting was at KV No. 1 Akhnoor where she taught English at the level of 6th to 9th standard and served there for two and a half years. Since 2003 she has been serving at KV No. 2, Jammu Cantt. She has been awarded trophy on the occasion of annual day for 100% results during 2004-05. Her service records would reveal that she has attended Seminars and orientation programmes, she has ten years of regular and unblemished service, now her children are grownup, has adjusted her children in accordance with the social status commensurate with her job. Contract of marriage in the year 1983 was not aimed to procure any benefit, she has undergone rigorous stress, strains, environments disadvantages for being apart of an SC family, therefore, grant of SC certificate in her favour is not with any design. Her act in any manner does not fall within the ambit of misconduct under Rule 3(1)(i)(ii) and (iii) of CCS (Conduct) Rules, 1964.

(3.) The Disciplinary Authority passed an order of termination on 11.08.2009 which was challenged by the petitioner by medium of OA No. 220/JK/2009 before Central Administrative Tribunal, Chandigarh (Circuit at Jammu) but without success as the said petition stands dismissed vide detailed order dated 23rd September, 2011. Dissatisfied therewith, the instant writ petition has been filed on 9th March, 2012.