Raju Kumar Saw, son of Daulat Saw v. State of Jharkhand
2025-04-09
ANANDA SEN
body2025
DigiLaw.ai
JUDGMENT : ANANDA SEN, J. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. Learned counsel representing the petitioner submits that the petitioner should not have been terminated from the post of Assistant Teacher as his higher educational qualification is from Vinoba Bhave University. Further, her submission is that Vinoba Bhave University has admitted this petitioner for higher educational courses and since Vinoba Bhave University has recognized the educational qualification of the petitioner, it cannot be said that the petitioner did not possess the requisite qualification. She further submits that Board of Higher Secondary Education, Delhi (BHSE) is recognized by the State of Uttar Pradesh that being so the petitioner’s initial qualification cannot be held to be invalid. As per the counsel, since the higher degree which the petitioner has obtained is by a recognized University, validity of the initial degrees could not be a ground to terminate the petitioner. 3. Learned counsel representing the respondent - State submits that the Board of Higher Secondary Education, Delhi, is not a recognized Board of Education by the Ministry nor any degree granted by it has any legal sanctity. The letters which have been relied upon have not been issued by the Ministry and are forged. Admittedly, the entity i.e. the Board of Higher Secondary Education, Delhi , stood dissolved w.e.f. 01.07.1962 by the Directorate of Delhi Administration’s Resolution No.F-32/10/62 Edn dated 30.06.1962. Any documents relating to the recognition of the same is fake. She produces a copy of the Communication dated 26th July, 2019 in support of her submission. She also submits that when the initial degree of secondary education of the petitioner is unrecognized, the subsequent degrees cannot hold good. She also relied upon several paragraphs of the counter affidavit. 4. Admittedly, the petitioner applied pursuant to an Advertisement published by the State of Jharkhand for filling up the post of Assistant Teacher. The petitioner was selected and was being appointed as Assistant Teacher in M.S. Chanho School at Bishungarh Block. The said appointment is of 20.02.2016. On 09.07.2016, the appointment of the petitioner was terminated on the ground that the Secondary School Certificate of the petitioner and the Senior Secondary School Certificate of the petitioner which are of the year 2001 and 2003 respectively, are from the Board of Higher Secondary Education, Delhi .
The said appointment is of 20.02.2016. On 09.07.2016, the appointment of the petitioner was terminated on the ground that the Secondary School Certificate of the petitioner and the Senior Secondary School Certificate of the petitioner which are of the year 2001 and 2003 respectively, are from the Board of Higher Secondary Education, Delhi . This Board is not recognized and is not also the member of Council of School Education in India. Since the initial secondary and higher secondary degree of the petitioner are bad, even though he had obtained higher qualification from recognized University, he was terminated due to lack of valid educational qualification. 5. From the Counter Affidavit and the documents, I find that the Board of Higher Secondary Education, Delhi, is not a recognized Board. When the Board is not recognized, any certificates or degree issued by the Board is invalid. Since the secondary and higher secondary degrees were issued by the unrecognized Board, it can easily be held that the petitioner does not possess a valid secondary and higher secondary qualification. The fact that the petitioner obtained higher education from the University of Jharkhand which is recognized is not disputed. 6. Now the question which falls for consideration is whether the conferment of a subsequent higher degrees on the basis of secondary and higher secondary degrees which is not valid, can validate the degrees. The Hon’ble Supreme Court in the case of P. Raman Vs. The Government of Tamil Nadu & Ors. in Special Leave Petition (Civil) Diary No(s) 3959/2021, relying upon the judgment of the Hon’ble Supreme Court in the case of Annamalai University Vs. Secretary to Government, Information and Tourism Department reported in (2009) 4 SCC 590 , has held that the Post Graduate degree obtained from an Open University but without undergoing basic degree course is not acceptable. 7. The aforesaid two judgments were relied upon by the Hon’ble Division Bench of this Court in L.P.A. No.463 of 2022 (Roshan Ram Vs. The State of Jharkhand & Ors.) (decided on 11.05.2023). 8. In this case, admittedly the basic educational qualification of the petitioner i.e. matriculation and higher secondary are not from a valid recognized Board. When the basic qualification is invalid, any qualification obtained thereafter based on those invalid qualification, cannot validate the invalid qualification. Subsequent degrees also can be said to be invalid. 9.
8. In this case, admittedly the basic educational qualification of the petitioner i.e. matriculation and higher secondary are not from a valid recognized Board. When the basic qualification is invalid, any qualification obtained thereafter based on those invalid qualification, cannot validate the invalid qualification. Subsequent degrees also can be said to be invalid. 9. The respondent Authorities have correctly terminated the petitioner for want of valid educational qualification. I find no illegality in the same. 10. However, before parting, since the respondents have taken some work from the petitioner for few months, it will be open to the respondents to pay the remuneration to the petitioner for the service which they have taken from him. 11. Accordingly, this writ petition stands dismissed.