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2007 DIGILAW 1370 (RAJ)

Rajpal Singh Chahar v. State of Rajasthan

2007-07-23

ASHOK PARIHAR

body2007
JUDGMENT 1. - Petitioners were appointed on the post of Teacher Grade III in pursuance to the selections made for the year 1998- 1999. As per directions of the Division bench of this Court the petitioners were required to furnish an undertaking to the extent that in case the degree possessed by them is found forged or not recognized, their services are liable to be terminated. As has come to record, after appointment the degree were also sent to the concerned Universities for verification by the authorities. Subsequently, a notice has been issued to the petitioners that verification from the concerned Universities has not been received so far, as such, the petitioners may, at their own level, do the exercise and get the verification, failing which their services are liable to be terminated. Aggrieved of such notice the present writ petition has been filed seeking protection of this Court. 2. The petitioners are continuing in service in view of the interim order passed by this Court on 25.11.1999. There is nothing on record to show that verification from the concerned Universities has been received as yet or not. It is for the authorities concerned to get the verification from the concerned Universities if any doubt arises. The petitioners must have submitted the undertaking in this regard and even otherwise no such undertaking is required. If the authorities after due inquiry find the degree to be forged or not recognized, they are always free to take necessary action against the concerned person. No sword on vague assumptions and presumptions can be kept hanging on the petitioners. As a matter of fact, the duty is cast upon the authorities to make proper inquiry if any doubt is created in regard to genuineness of the degrees. Burden cannot be shifted on the employees to prove otherwise. 3. Accordingly, the writ petition is allowed with liberty to the respondents to take appropriate action against the petitioners after proper inquiry in accordance with law, if the circumstances so arise and their - degree is found forged or not recognized.Writ petition allowed. *******