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Himachal Pradesh High Court · body

2012 DIGILAW 726 (HP)

Vahid Mohd v. State of Himachal Pradesh

2012-10-15

RAJIV SHARMA

body2012
Judgment Rajiv Sharma, Judge: 1. The petitioners have obtained B.Ed. degrees from Magadh University, Bodhgaya through Dr. Sayed Mohd. Teacher Training Institute/College (SMTT), Patna. Petitioner No.1 was appointed as J.B.T. teacher and has served as such w.e.f. 27.03.1998 to 10.12.1999. He was appointed as Trained Graduate Teacher on batch-wise basis on 13.12.1999. Petitioner No. 2 was selected and joined as J.B.T. teacher on 26.03.1998. Petitioner No. 3 was selected as J.B.T. teacher and joined as such on 23.12.1998. Petitioner No. 4 was selected as J.B.T. Teacher and he joined as such on 05.11.2000. Petitioner No. 5 was selected and joined as J.B.T. Teacher on 27.11.1998. Petitioner No. 6 was selected and joined as J.B.T. teacher on 01.12.1997. The services of the petitioners were terminated on the basis of inquiry held by the District Primary Education Officer, Sirmaur, Nahan on 13.12.2002, 31.12.2000, 24.12.2000, 05.11.2000, 25.11.2000 and 30.11.2000, respectively. According to the findings of the Inquiry Officer, the degrees obtained by the petitioners were fake and forged. 2. The petitioners have approached the learned erstwhile Himachal Pradesh Administrative Tribunal and this Court for the redressal of their grievance. The respondents-State, on the basis of various orders passed by this Court, placed on record by the petitioners, again looked into the main issue with regard to the genuineness of B.Ed. degrees submitted by the petitioners at the time of appointment. The matter was taken up with the Magadh University, Bodhgaya by deputing a two member team. The Controller of Examination, Magadh University after proper scrutiny/verification of the original record, has informed the State Government that the photostat copies of marks sheets were verified from the tabulation register available in the Examination Department of the University and the same have been found to be totally fake and forged. Even, the registration numbers were allotted to another College. According to the Magadh University, Bodh Gaya, these documents were not valid. In sequel to the report of the Controller of Examination, Magadh University, Badhgaya, the B.Ed. degrees obtained by the petitioners were found to be fake and forged. A criminal case was registered against the petitioners and similarly situate persons, though they have been acquitted by the learned trial Court. 3. According to the petitioners, they have obtained fresh degrees from the duly recognized institutions and on that basis, they should be considered for employment. There is no merit in the contention of the petitioners. A criminal case was registered against the petitioners and similarly situate persons, though they have been acquitted by the learned trial Court. 3. According to the petitioners, they have obtained fresh degrees from the duly recognized institutions and on that basis, they should be considered for employment. There is no merit in the contention of the petitioners. The petitioners have sought admission to public employment, that too, as teachers, on the basis of fake/forged degrees and marks sheets. The persons, who obtain forged and fake degrees, are unfit to discharge the duties of teachers. Teaching is a noble profession. Only those persons, who bear good moral character and are otherwise qualified, should be appointed as teachers. Petitioners have not even placed on record fresh degrees, which they claimed to have obtained from the duly recognized institutions. 4. Their Lordships of the Hon’ble Supreme Court in The Ahmedabad St. Xavier’s College society and another versus State of Gujarat and another, (1974) 1 SCC 717 have held that educational institutions are temples of learning and virtues of human intelligence are mastered and harmonized by education. Their Lordships have further held that education develops the ethos of the nation. Their Lordships have held as under: “30. Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonized by education. Where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is complete dedication of the teacher and the taught in learning, where there is discipline: between the teacher and the taught, where both are worshipers of learning, no discord or challenge will arise. An educational institution runs smoothly when the teacher and the taught are engaged in the, common ideal of pursuit of knowledge. It is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The, qualifications and the character of the teachers are really important. The minority institutions have the right to administer institutions. This right implies the obligation and duty of the minority institutions, to render the very best to the students. In the right of administration, checks and balances in the shape of regulatory measures are required to ensure the appointment of good teachers d their conditions of service. The right to administer is to be tempered with regulatory measures to facilitate smooth administration. In the right of administration, checks and balances in the shape of regulatory measures are required to ensure the appointment of good teachers d their conditions of service. The right to administer is to be tempered with regulatory measures to facilitate smooth administration. The best administration will reveal no trace or colour of minority. A minority institution should shine in exemplary eclectic in the administration of the institution. The best compliment that can be paid to a minority institution is that it does not rest on or Proclaim its minority character. 31. Regulations which will serve the interest of the students, regulations which will serve the interests of the teachers are of paramount importance in good administration. Regulations in the interest of efficiency of teachers, discipline and fairness in administration are necessary for preserving harmony among affiliated institutions. 32. Education should be a great cohesive, force in developing integrity of the nation. Education develops the ethos of the nation. Regulations are, therefore, necessary to see that there are no divisive or disintegrating forces in administration.” 5. Their Lordships of the Hon’ble Supreme Court in Andhra Kesari Educational Society versus Director of School Education and others, (1989) 1 SCC 392 have held that the teacher alone could bring out the skills and intellectual capabilities of students. He is the engine of the educational system. He is a principal instrument in awakening the child to cultural values. Their Lordships have held as under: “20. Before parting with the case, we should like to add a word more. Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the ’engine’ of the educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into action the benefitter. He must keep himself abreast of ever changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important, indeed indispensable. His quality should be such as would inspire and motivate into action the benefitter. He must keep himself abreast of ever changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important, indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill trained or substandard teachers would be detrimental to our educational system; if not a punishment on our children. The Government and the University must, therefore, take care to see that inadequacy in the training of teachers is not compounded by any extraneous consideration.” 6. Their Lordships of the Hon’ble Supreme Court in State of Maharashtra versus Vikas Sahebrao Roundale and others, (1992) 4 SCC 435 have held that teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. Their Lordships have held as under: “12…………………… The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. The formal education needs proper equipping by the teachers to meet the challenges of the day to impart lessons with latest technics to the students on secular, scientific and rational outlook. A well equipped teacher could bring the needed skill and intellectual capabilities to the students in their pursuits. The teacher is adorned as Gurudevobhava, next after parents, as he is a Principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline. The teachers, therefore, must keep abreast ever changing technics, the needs of the society and to cope up with the psychological approach to the aptitudes of the children to perform that pivotal role. In short teachers need to be endowed and energised with needed potential to serve the needs of the society. The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students. For equipping such trainee students in a school or a college, all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition. The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students. For equipping such trainee students in a school or a college, all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition. In that behalf compliance of the statutory requirements is insisted upon. Slackening the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of the education.........” 7. Their Lordships of the Hon’ble Supreme Court in St. John’s Teachers Training Institute (for women), Madurai and others versus State of Tamil Nadu and others, (1993) 3 SCC 595 have held that dull pattern of “chalk, talk and teach” has to be replaced by a more vibrant system with improved methods of teaching to achieve qualitative excellence in teacher-education. Their Lordships have held as under: “10. The teacher education programme has to he redesigned to bring in a system of education which can prepare the student-teacher to shoulder the responsibility of imparting educating with a living dynamism and the traditional pattern of "chalk, talk and teach" method has to be replaced by more vibrant system with improved methods of reaching, to achieve qualitative excellence in teacher-education.” 8. Their Lordships of the Hon’ble Supreme Court in Adarsh Shiksha Mahavidyalaya and others versus Subhash Rahangdale and others, (2012) 2 SCC 425 have held that importance of teachers and their training has been highlighted time and again by eminent educationists and leaders of society. Their Lordships have held as under: “1. The importance of teachers and their training has been highlighted time and again by eminent educationists and leaders of society. The Courts have also laid considerable emphasis on the dire need of having qualified teachers in schools and colleges. 7. Their Lordships have held as under: “1. The importance of teachers and their training has been highlighted time and again by eminent educationists and leaders of society. The Courts have also laid considerable emphasis on the dire need of having qualified teachers in schools and colleges. 7. We have prefaced disposal of these appeals, which are directed against interlocutory order dated 17.12.2008 and final order dated 13.03.2009 passed by the Division Bench of the Madhya Pradesh High Court in Writ Petition No. 6146 of 2008 and connected matters by highlighting the need for well-equipped and trained teachers because in the last three decades private institutions engaged in conducting teacher training courses /programmes have indulged in brazen and bizarre exploitation of the aspirants for admission to teacher training courses and ranked commercialisation and the regulatory bodies constituted under the laws enacted by Parliament and State Legislatures have failed to stem the rot. The cases filed by these institutions, many of whom have not been granted recognition due to nonfulfilment of the conditions specified in the National Council for Teacher Education Act, 1993 (for short, ‘the 1993 Act’) and the Regulations framed thereunder and by the students who have taken admission in such institutions with the hope that at the end of the day they will be able to get favourable order by invoking sympathy of the Court, have choked the dockets of various High Courts and even this Court. The enormity of litigation in this field gives an impression that implementation of the provisions contained in the 1993 Act and the Regulations framed thereunder has been acutely deficient and the objects sought to be achieved by enacting the special legislation, namely, planned and coordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system have not been fulfilled so far.” 9. Mr. Vikas Rathore, learned Deputy Advocate General has also argued that the petitioners cannot be offered any fresh employment, but they can always apply as and when the posts are advertised, in case they have obtained degrees now from the duly recognized institutions and by also qualifying the TET examination. 10. Filing of repeated petitions on same or similar cause of action amounts to gross misuse of process of the Court and the precious time of the Court is also wasted. 11. 10. Filing of repeated petitions on same or similar cause of action amounts to gross misuse of process of the Court and the precious time of the Court is also wasted. 11. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in this petition and the same is dismissed, with costs quantified at `5000/-. The pending application(s), if any, also stands disposed of.