MAHARAJ SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is pending since 1994 for admission. As agreed, the case has been heard finally.

(2.) The petitioners-Maharaj Singh and Raghuraj Singh (Petitioner No. 1 and 2 respectively) have filed this writ petition on 24.3.1994, challenging the order dated 24.12.1993, whereby, the services of the petitioners were terminated. The case of the petitioners are that the petitioner No. 1-Maharaj Singh passed his Secondary and Hr. Secondary School examinations in the years 1975 and 1976 respectively from the Board of Secondary Education, Rajasthan, Ajmer, awarded degrees of B.A. and M.A. (Geography) in the years 1979 and 1981 respectively by the University of Rajasthan, Jaipur and was awarded degree of B.Ed. in, the year 1987 by the Avadh University, Faizabad (UP), against Roll No. L-47561. The marks-sheet of B.Ed. has been filed as Annexure-2B. Petitioner No. 2-Raghuraj Singh passed his Secondary and Hr. Secondary School Examinations in the years 1978 and 1979 from the Board of Secondary Education, Rajasthan, Ajmer, awarded degrees of B.A. and M.A. (Pol. Scien.) in the years 1983 and 1986 respectively by the University of Rajasthan, Jaipur and was awarded degree of B.Ed. in the year 1987, by the Avadh University, Faizabad (UP), against Roll No. 75245. He has filed marks-sheet as Annexure-A-4 and provisional degree of B.Ed. as Annexure-4-A. On advertisement issued by the respondents, the petitioners applied, selected and were appointed as Teacher Gr. III. Petitioner No. 1 was posted at Govt. Primary School, Chavand, Panchayat Samiti-Sarda, District-Udaipur vide , order dated 18.11.1988 (Annexure A-5). Thereafter he was transferred and posted at Government Primary School, Gadhi Jalimsingh, District-Bharatpur vide order dated 28.6.1991. Petitioner No. 2 was posted at Government Primary School, Balchakpura, Panchayat Samiti-Roopwas, District-Bharatpur vide order dated 28.6.1989 (Annex. A-6). Thereafter, he was transferred to Primary School, Girdharpur (Sewar) on 24.9.1989.

(3.) It is alleged that to remove some suspicion the respondents issued show cause notices to the petitioners to the effect that they submitted forged documents. The respondents were informed by the Avadh University, Faizabad, vide letter dated 16.9.1992 (Annex. 8), that marks sheet and degrees of the petitioners were found to be genuine. Again show cause notice dated 27.6.1993 (Annex. 9 and 9-A) were issued to the petitioners and they filed their clarifications on 5.7.1993 (Annex. 10 and 10- A). Another show cause notice dated 8.11.1993 (Annex. 11 and 11-A) were issued by the Block Development Officer and the petitioners filed their clarifications on 16.11.1993 (Annex. 12 and 12-A). It is alleged that without hearing them and without issuing any show cause notice the services of the petitioners were terminated by the respondents vide order dated 24.12.1993 (Annex. 14 and 14- A), served on them on 31.12.1993. Hence, the petitioners filed this joint writ petition. No stay application was moved.