Naval Kishore Sharma, etc. etc. v. Director RD & PRD, Jaipur
2000-09-13
P.P.NAOLEKAR
body2000
DigiLaw.ai
JUDGMENT 1. - As the questions of fact and law involved in these petitions are common, all are being disposed of by this common order. 2. The petitioners were appointed as Teachers Gr.III on probation for two years in Panchayati Raj Institutions after undergoing the process of selection. At the time of issuance of appointment letters an undertaking was given by the petitioners that if in future it is noticed that there is some error in their certificates, they will be removed from service without showing any cause. Admittedly the petitioners are holder of B.Ed. Degree from educational institutions outside the Sate of Rajasthan. It is the case of petitioners that their educational credentials were verified by the respondents before giving them appointment and, thus no further verification in that regard could be made. 3. After giving appointment to the petitioners it came in notice of the State Government that some appointments have been secured on the basis of fake B.Ed. Degrees or that the Degrees obtained were from educational institutions which are not recognised in the State of Rajasthan and, therefore, notices were issued to the petitioners that they should verify their B.Ed. Degrees from the respective educational institutions and submit it before the authorities within fifteen days, and if it is not done, their services would stand terminated without issuing any further notice for which they themselves would solely be responsible. It is this notice which is under challenge in these petitions. 4. It is submitted by the counsel for petitioners that they having been appointed after verification of their educational credentials cannot be asked to verify the same from respective universities for time and again. Once they have been appointed on the basis of their verified educational qualifications their appointment cannot be terminated by adopting such a perfunctory procedure by the State Government. On the other hand it is the case of the State that it has every right to verify the certificates/Degrees submitted by its employees if there is a reasonable doubt that appointments have been secured by playing fraud on the State on the basis of unauthorised or forged degrees/certificates. 5. There cannot be any manner of doubt that the petitioners will have no right to be retained and continued on the post if the educational qualifications prescribed for appointment to the post of Teacher Gr.III was not fulfilled by them.
5. There cannot be any manner of doubt that the petitioners will have no right to be retained and continued on the post if the educational qualifications prescribed for appointment to the post of Teacher Gr.III was not fulfilled by them. If the Degrees of B.Ed. are found fake or were obtained from universities which have no recognition in the State of Rajasthan, the appointments cannot be continued. It is the maxim of law that fraud vitiates everything. No court will allow a person to keep an advantage which has been obtained by fraud. No order can be allowed to stand if it has been obtained by fraud. If the right claimed stands on the basis of fraud of dubious consideration it does not survive in the eye of law and no right or remedy can steam from such fraudulent base. Thus it is incumbent for the petitioners to satisfy that their educational qualifications are genuine. There cannot be any time limit for verification of the educational qualifications if appointments have been secured by playing fraud, it can be set at knot at any time when the fraud is unearthed. At the same time the State cannot presume, particularly so when the appointments were made on prima facie satisfaction of genuineness of the educational qualification of petitioners, that the B.Ed. Degrees are fake or being obtained from the educational institution which does not have recognition in the State of Rajasthan. The finding of playing fraud by petitioners cannot be arrived at on the basis of assumption or presumption. The petitioners services can be terminated only if the authorities reach to the conclusion on application of mind to the material brought before them or it comes to their knowledge that the Degrees of B.Ed. submitted by the petitioners do not stand scrutiny of qualified Degrees. It is not doubt true that the State can take steps and ask the petitioners to satisfy it as to genuineness of the Degrees submitted by them, but for such an action the State has to give reasonable time to the petitioners and not fifteen days' time as was given in the notices issued to the petitioners. In my opinion a reasonable time would be of two months' period within which the petitioners can obtain verification from the respective universities to the genuineness of the B.Ed. Degrees and submit it before the authorities concerned.
In my opinion a reasonable time would be of two months' period within which the petitioners can obtain verification from the respective universities to the genuineness of the B.Ed. Degrees and submit it before the authorities concerned. I am also informed that the Central Bureau of Investigation is making certain investigations in the matter of fake B.Ed. Degrees. In the circumstances I think it is appropriate to dispose of the petitions with certain directions:- a. Respondents are restrained to terminate the service of petitioners in pursuance of the impugned orders and notices issued to them for verification of their B.Ed. Degrees; b. The respondents shall endeavour to take reasonable measures to verify the genuineness of the certificates/Degrees of the appointees and for the said purpose shall call upon the appointees to produce the originals or/and the proof of their genuineness within two months from today. In case the State Government is not satisfied with the proofs furnished as to the genuineness or validity of the Degrees or Certificates, it shall be open for it to verify those at their end and for the said purpose it may take help from the Central Bureau of Investigation, which is investigating the matter. c. The CBI, through competent authority, is requested to render appropriate assistance to the State for determination of the question as to the genuineness of the documents submitted by the appointees before the authorities. d. In case documents are found fabricated/fake or of educational institutions which are not recognised in the State of Rajasthan, respondents shall be free to terminate services of the petitioners and other persons similarly situate and shall also initiate criminal prosecution against the individuals in accordance with law. e. The State Government shall also initiate disciplinary proceedings against those officers who have given appointment to the petitioners and such other persons without properly verifying the genuineness of their educational credentials. There shall be no order as to costs.Petition Disposed of with directions. *******