MADHVI SHARMA AGED ABOUT 50 YEARS D/O SHRI P.M.SHARMA Vs. THE CENTRAL ADMINISTRATIVE TRIBUNAL THROUGH ITS DY.REGISTRAR

JUDGEMENT

(1.) The present petition is directed against order of the ld.Central Administrative Tribunal dated 28.05.2014 passed in the Original Application No.806/2012.

(2.) After acquiring the Post Graduate degree in Chemistry from the University of Jammu in 1986. The petitioner was appointed on the post of Post Graduate Teacher (Chemistry) in K.V.S. Services on temporary post, as per the procedure for recruitment laid down u/Art.44 of the Education Code Edition, 1980 vide order dated 07.08.1987, pursuant to which she joined service on 208.1987. Her appointment was subject to certain terms & conditions, as indicated in the order of appointment dated 18.07.2012 (Annex.14), which reads ad infra:-

(3.) The petitioner acquired B.Ed. degree from Varanaseya Sanskrit Vishwa Vidyalaya and on the basis of the B.Ed. degree acquired, her services were regularized vide order dated 27.02.1990 w.e.f. 15.01.1990 and she was appointed in substantive capacity w.e.f. 22.08.1989 vide order dated 19.09.1990 but indisputably her B.Ed. degree from Varanaseya Sanskrit Vishwa Vidyalaya was declared a fake University by the University Grants Commission and the letter issued from the KVS (Headquarters) dated 09.01.2003 intimating the details of teachers who were in possession of B.Ed. or equivalent degree of such educational Institute which have been declared as fake University by the University Grants Commission. The name of the petitioner figured at S.No.16 and accordingly decision was taken to initiate disciplinary action u/R.14 of the CCS (CCA) Rules, 1965 but taking a lenient view in the matter, the petitioner was asked to acquire B.Ed. qualification from a recognised University/ Institution within two years from 16.01.2004 vide Memorandum dated 16.01.2004 but despite an opportunity being afforded, the petitioner failed to acquire B.Ed. qualification and she was served with the charge sheet vide Memorandum dated 04.05.2006 for not obtaining B.Ed. qualification and Enquiry Officer was appointed who submitted his report on 02.02.2007 holding the charge proved against her with the findings ad infra :-