Allahabad High Court
Smt. Shaheen Sami vs Zila Basic Shiksha Adhikari, ... on 23 July, 2012
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - A No. - 39020 of 2002
Petitioner :- Smt. Shaheen Sami
Respondent :- Zila Basic Shiksha Adhikari, Lalitpur
Petitioner Counsel :- V.S. Sinha,B.B. Pal,B.N.Shukla,S.F.A. Naqvi,S.N.Dubey
Respondent Counsel :- P.K. Sharma,S.C.
Hon'ble Rajes Kumar,J.
Sri Ashutosh Pandey, Advocate, holding brief of Sri P.K. Sharma, Advocate, appeared on behalf of the Zila Basic Shiksha Adhikari, Lalitpur.
By the letter dated 3.2.1985, issued by the Zila Basic Shiksha Adhikari, Lalitpur, the petitioner has been appointed. The services of the petitioner have been terminated on the ground that the petitioner has furnished forged Intermediate and BTC marksheets and certificates.
The contention of the petitioner is that for the post of Assistant Teachers, the High School passed was the only requirement and there was two separate pay-scales for the trained and untrained teachers. The petitioner along with the application dated 15.10.1984 has only submitted the High School marksheet and certificate of 1990. The petitioner never claimed that she had passed Intermediate and had undergone BTC training. The petitioner's services has been terminated on the ground that on an inquiry the Intermediate and BTC marksheets and certificates were found forged. The case of the petitioner is that Intermediate and BTC marksheets and certificates were never submitted inasmuch as she had not done Intermediate and had not taken BTC training. Therefore, the question of these certificates being forged does not arise. The entire inquiry has been made on the complaint of one Sri Ram Sewak Ahirwar, a political person. The Zila Basic Shiksha Adhikari, Lalitpur has filed counter affidavit. In paragraph-21 of the affidavit it is stated that "however, it is pertinent to submit here that these certificates were not produced at th time of appointment, therefore, on the basis of these certificates the petitioner cannot remain in service". In paragraph-28 of the said counter affidavit, it is stated that at the time of appointment the certificates of Intermediate and BTC were submitted by the petitioner and she never submitted the High School marksheet and certificate of Abib Urdu. From the perusal of the other paragraphs of the counter affidavit also it appears that contradictory stands have been taken about the filing of the Intermediate and BTC marksheets and certificates.
In view of the above, the Zila Basic Shiksha Adhikari, Lalitpur is directed to file the copy of Intermediate and BTC marksheets and certificates, which according to him, have been filed by the petitioner and found forged along with supplementary affidavit within a period of two weeks. In the affidavit it may also be informed that what was the minimum qualification for the appointment of Assistant Teachers.
List on 7.8.2012.
Order Date :- 23.7.2012/OP
