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2010 DIGILAW 642 (JK)

Sushil Singh v. State Of J&K

2010-12-22

J.P.Singh

body2010
1. Petitioner-Sushil Singh has approached this Court seeking quashing of Jublee Singh-respondent No.7's selection as Rehbar-e-Taleem in Government Middle School, Garh of Tehsil Akhnoor on the ground that the B.Sc Degree on the basis whereof he was selected was fake, And being next in merit, it was he who was entitled to selection as Rehbar-e-Taleem in place of Jublee Singh. 2. He places reliance on Registrar Bundelkhand University, Jhansi's communication of June 15, 2009 addressed to the Zonal Education Officer, Block Akhnoor, which indicates Jubilee Singh's Degree fake. 3. In his Response to the Writ Petition, Jublee Singh says that the petitioner's allegation against him of having secured selection on the basis of a fake Degree, was false, frivolous and baseless and his selection did not suffer from any illegality. He relies on Deputy Registrar Bundelkhand University's communication of March 29, 2010 to the Zonal Education Officer, Block Akhnoor wherein he is indicated to have appeared in the Bachelor of Science examination from Bipin Bihari Degree College, Jhansi (UP) and declared passed in the First Division by the University. 4. The State-respondents' Response to the Writ Petition reveals that they had not taken any further action on the selection of Jublee Singh in view of the Registrar's communication of August 28, 2009. 5. Although the petitioner had not questioned the selection and engagement of Kashmir Singh, respondent no. 8 as Rehbar-e-Taleem, yet his selection and appointment was stayed by this Court along with the selection and engagement of Jublee Singh vide interim order dated 15.3.2010. 6. There being no grievance against the selection and engagement of Kashmir Singh-respondent No.8, Sushil Singh's writ petition against Kashmir Singh may not be maintainable. It is, accordingly, dismissed as against Kashmir Singh, lifting the interim order dated 15.3.2010. 7. The State-respondents are, therefore, directed to pay Kashmir Singh, his remuneration for the services rendered by him as Rehbar-e-Taleem, which appear to have been withheld because of the subsistence of the interim order of the Court. 8. Coming to the petitioner's plea regarding selection of Jublee Singh, it is found that two contradictory communications have been received by the Director School Education, Jammu regarding Jublee Singh's B.Sc. Degree. The earlier communication is from the Registrar, Bundelkhand University, Jhansi, whereas, the later is from the Deputy Registrar of the University issued under his No. BU/RECORDS/2010/1336-03 dated 29.3.2010. 9. Coming to the petitioner's plea regarding selection of Jublee Singh, it is found that two contradictory communications have been received by the Director School Education, Jammu regarding Jublee Singh's B.Sc. Degree. The earlier communication is from the Registrar, Bundelkhand University, Jhansi, whereas, the later is from the Deputy Registrar of the University issued under his No. BU/RECORDS/2010/1336-03 dated 29.3.2010. 9. In view of the contradictory communications received from the Bundelkhand University, Jhansi, in respect of the B.Sc Degree of Jublee Singh, it needs to be ascertained as to whether or not Jublee Singh had actually obtained Degree from the University on which he was selected as Rehbar-e-Taleem, before operating his selection. 10. An enquiry, therefore, needs to be held for the purpose. 11. As evidence needs to be collected to record a positive finding on facts on the disputed question as to whether or not Jublee Singh's Degree was genuine, so it is considered appropriate that such a finding was recorded by the Director School Education, Jammu, for taking further action in the matter on the basis of such finding. 12. This petition is, therefore, disposed of with a direction to the Director School Education, Jammu to hold enquiry to record finding of fact as to whether or not Jublee Singh was holding a genuine graduation Degree in Science at the time of seeking selection as Rehbar-e-Taleem. For the purpose of enquiry, the Director may record such evidence as may be considered necessary to arrive at the finding. He may in this behalf, obtain requisite information from the Authorized officer/Registrar of Bundelkhand University, Jhansi, too certifying under his seal and signatures as to the authenticity or otherwise of the Degree on the basis whereof Jublee Singh was selected as Rehbar-e-Taleem. 13. After holding such enquiry, he shall pass appropriate orders for confirmation or otherwise of Jublee Singh's selection for engagement as Rehbar-e-Taleem. Parties shall be at liberty to place such material before the Director on which they place reliance to project their view point on the issue in question. 14. The Director School Education, Jammu shall complete this exercise within a period of four months.