Court No. - 3
Case :- SPECIAL APPEAL No. - 304 of 2021 Appellant :- Board Of Basic Education Up At Prayagraj Through Its Sec. Pratap Singh Bahgel And Another Respondent :- Reeta Yadav And 3 Others Counsel for Appellant :- Yatindra Counsel for Respondent :- Vivek Kumar Rai,C.S.C.,Siddharth Khare
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Mohd. Aslam,J.
1. Heard Sri Yatindra, learned counsel for the appellants/respondent nos. 3 & 4 , Sri Ashok Khare, learned Senior Advocate for the respondent - petitioner and the learned standing counsel for the respondent nos. 2 & 3.
2. This Special Appeal has been filed praying to set aside the interim order dated 02.08.2021 in Writ A No.8529 of 2021 (Reeta Yadav Vs. State of U.P. and 4 Others).
3. The respondent – petitioner has filed the aforesaid writ petition praying for the following relief :-
“(i) a writ, order or direction in the nature of certiorari quashing the order of Dr. B.R. Ambedkar University, Agra dated 27.07.2020 and 13.04.2021 (Annexure 12&19 to the writ petition) in so far as they pertain to the petitioner as also the order dated 24.04.2021 issued by the Assistant Registrar (Law), Dr. B.R. Ambedkar University, Agra (Annexure 20 to the writ petition).
(ii) a writ, order or direction in the nature of certiorari quashing the order dated 08.06.2021 passed by the Basic Shiksha Adhikari, Agra (Annexure 11 to the writ petition).
(iii) a writ, order or direction of a suitable nature commanding the respondent not to interfere in the working of the petitioner as an Assistant Teacher in a Basic School of District Agra and to pay the petitioner his regular monthly salary on the said post, regularly, every month including the arrears of his salary.
(iv) a writ, order or direction in the nature of which this Hon'ble court may deem fit and proper under the circumstances of the case.
(v) award cost to the humble petitioner throughout of the present writ petition.”
4. The operative portion of the impugned interim order dated 02.08.2021 passed by the learned Single Judge in the aforesaid Writ A No.8529 of 2021, is reproduced below :-
“Prima facie, after hearing the learned counsel for the parties, this Court is of the opinion that the petitioner has made out a case for grant of interim order, particularly, in view of the order of the Hon'ble Apex Court staying the judgment of the learned Single Judge as well as the judgement passed in special appeal. Accordingly, respondents are granted four weeks' time to file counter affidavit. The petitioner shall have four weeks thereafter to file rejoinder affidavit.
List this case on 20.9.2021.
Until further orders of this Court, the operation of the impugned orders dated 27.7.2020 and 13.4.2021 in so far as it relates to the petitioner shall remain stayed. In the meantime, the respondents shall not interfere in the working of the petitioner and further pay the current salary regularly to the petitioner.”
5. Briefly stated facts of the present case are that the petitioner obtained appointment on the basis of alleged B.Ed. degree of Session 2004-05 allegedly issued by Dr. B.R. Ambedkar University, Agra. Subsequently, the aforesaid degree was found to be fake. In Civil Misc. Writ - A No. 190 of 2020 ( Smt. Neelam Chauhan Vs. State of U.P. and others) and other connected writ petitions, decided on 29.04.2020, the question of aforesaid fake/forged B.Ed degree and employment obtained on that basis was considered and the writ petition was decided by order dated 29.04.2020, against which a Special Appeal No. 326 of 2020 (Kiran Lata Singh and others Vs. Secretary Basic Education Department State of U.P. and others) and other connected Special Appeals were filed which were decided by order dated 26.02.2021. The respondent/petitioner herein had also filed a Special Appeal Defective No. 1173 of 2020 which was decided by order dated 26.02.2021 alongwith the Special appeal in the case of Kiran Lata Singh (supra) . The operative portion of the order of the Division Bench in Special Appeal relating to the petitioner herein, dated 26.02.2021 reported in 2021(3)ADJ 118(DB) is reproduced below:-
“(1) No interference is made in the order of termination/cancellation of appointment of those who obtained service based on fake mark-sheets other than those whose writ petition was allowed by the learned Single Judge. The direction aforesaid would apply not only to 2823 candidates whose mark- sheets/degrees were cancelled by the University by order dated 07.02.2020 but remaining 814 candidates also other than those excluded by the learned Single Judge and one Km. Anita Maurya D/o Bhola Singh of T.R.K. College, Aligarh and Vijay Singh S/o Hari Singh of K.R.T.T. College, Mathura. This direction would further exclude seven other candidates, viz. (i) Surendra Kumar S/o Sri Mauji Lal; (ii) Rajiv Singh Yadav S/o Sri Ram Ladait Yadav; (iii) Sudeep Kumar S/o Sri Ajay Pal Singh; (iv) Smt. Reeta Gautam D/o Sri Ram Gautam; (v) Reeta Yadav D/o Sri Janki Lal Yadav; (vi) Anuradha D/o Sri Rajendra Singh;
(vii) Rekha Lavania D/o Sri Vijendra Singh. The respondent- State and University are directed to reconsider the case of above named seven candidates in the light of the documents submitted by them pursuant to the liberty given by this Court in these appeals. It would be in coordination. Necessary exercise in regard to those candidates would made within a period of one month from the date of receipt of copy of this order. If their admission in the college coupled with appearance in the examination is found proved, then the termination order would be recalled in reference to them. For a period of one month, those candidates would continue in service subject to outcome of the direction given above. List of 812 candidates out of 814 is enclosed as Schedule-I. Their order of termination of 812 candidates has been examined independently by the Court. It was not otherwise made dependent by the State to the order to be passed by the University for 814 candidates.”
6. The aforesaid order of the Division Bench, has not been challenged by the petitioner before the Hon’ble Supreme Court, probably for the simple reason that the Division Bench has directed the case of the petitioner to be reconsidered. Thus, the respondent – petitioner has accepted the aforesaid Division Bench order relating to him.
7. It appears that pursuant to the aforesaid direction of the Division Bench in Special Appeal of the respondent-petitioner herein, the respondent no.4 i.e. Dr. B.R. Ambedkar University, Agra re-considered the matter of the petitioner in the meeting of the Executive Council, dated 13.04.2021 and took decision as under:-
“(vii) रीता यादव पुत्री श्री जंगीलाल यादव, बी० एड० 2004-05 अनुक्रमांक 5133605 ने स्वयं को सी- इम्पैक्ट इन्स्टीटूट, आगरा की छात्रा के रूप मे प्रदिशर त िकया है। उक्त महािवद्यालय के प्राचायर ने 17 िबन्दओं पर सूचना प्रपत्र के प्रमाणन मे आख्या प्रस्तुत की है िक उक्त छात्रा वषर 2004-05 मे भूतपूवर छात्र के रूप मे सिलिम्मिलत हुयी। छात्रा ने अपने प्रवेश को प्रबन्धकीय कोटे मे प्रवेिशत दशारया है। उक्त छात्रा ने महािवद्यालय मे प्रवे श सम्बन्धी अिभलेख, प्रवे श पत्र, उपिलिस्थितित पत्र पूवर वषर की अंकतािल का आिद संलग्न नही िकये है। उक्त छात्रा की िवश्विवद्यालय के अिभलेखों के आधार पर बैध रूप से प्रवे िशत छात्रा के रूप मे पुिष्टि नही होती है। अतः सिमित ने सम्यक िवचारापरान्त रीता यादव को पूवर मे िनधारिरत "फे क" श्रे णी मे यथितावत् रखने का िनणर य िलया पिरषद् द्वारा सिमित की संस्तुितयों से अवगत होते हु ये उपरोक्त सभी 07 छात्रों को "फे क" श्रे णी मे रखे जाने का िनणर य िलया गया।"
8. Pursuant to the aforesaid order of the Executive Council of Dr.
B.R. Ambedkar University, Agra, holding the B.Ed degree of the petitioner to be fake, the District Basic Education Officer, Agra, passed an order of cancellation of appointment of the petitioner dated 08.06.2021 . Against the order of the Executive Council dated 13.04.2021 and the order of cancellation of appointment dated 08.06.2021, the respondent - petitioner herein has filed Writ-A No. 8529 of 2021 praying for the aforequoted reliefs.
9. By the impugned interim order dated 02.08.2021, the learned Single Judge has stayed the order dated 29.07.2020 (wrongly typed as 27.07.2020) and the order dated 13.04.2021 both passed by Dr. B.R. Ambedkar University, Agra and restrained the respondents from interfering in the working of the petitioner and directed to pay the current salary regularly to the petitioner. The aforesaid interim order has been passed without considering or staying the order of cancellation of appointment of petitioner by order dated 08.06.2021 passed by the District Basic Education Officer. The aforesaid interim order has been passed without a counter affidavit. Perusal of the interim order shows absolutely no discussion on the order of cancellation of appointment dated 08.06.2021 and also on the finding of fake degree of the respondent - petitioner herein recorded by the Executive Council of the University in its minutes dated 13.04.2021. We also asked the learned counsel for the petitioner to show from the writ petition that the copies of papers namely Admit Card and fail marksheet of the Session 2003 – 04 etc. as mentioned in the order of the Executive Council dated 13.04.2021, have been filed, but he could not show it. This prima facie shows that the order of the Executive Council of the University dated 13.04.2021 holding the alleged degree of the petitioner to be fake, is not baseless.
10. Directions for payment of current salary and non-interference in the working of the petitioner as Assistant Teacher have been issued by the learned Single Judge, without even staying the order of cancellation of appointment dated 08.06.2021. Thus, by interim order an interim relief in the nature of final relief has been granted to the respondent – petitioner herein.
11. For all the reasons aforestated, the impugned interim order dated 02.08.2021 passed in Writ- A No. 8529 of 2021 can not be sustained and is hereby set- aside. The parties are directed to complete pleadings in the writ petition within two weeks, if not completed so far.
12. Let the writ petition be placed peremptorily before the learned Single Judge in the 1st week of February, 2022 for final disposal.
13. We request the learned Single Judge to decide expeditiously the writ petition.
14. The Special Appeal is disposed off.
Order Date :- 24.12.2021/vkg KESARWANI SURYA PRAKASH Digitally signed by SURYA PRAKASH KESARWANI Date: 2021.12.24 18:45:33 +05'30'
Digitally signed by ASLAM MOHAMM MOHAMMAD AD ASLAM Date: 2021.12.24 18:47:02 +05'30'