Delhi High Court
Mrs. Sandhya Bhardwaj vs Govt. Of Nct Of Delhi & Ors. on 18 January, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 8747/2005
% 18th January, 2017
MRS. SANDHYA BHARDWAJ ..... Petitioner
Through: Mr. Harish Malhotra, Sr. Adv. with
Mr. Rakesh Bhardwaj, Adv.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. Petitioner/Mrs. Sandhya Bhardwaj, by this writ petition under
Article 226 of the Constitution of India impugns the orders dated 13.8.2004
and 14.12.2004 issued by the Director of Education and the consequent
charge sheet dated 31.3.2005 issued by the respondent no.3/Managing
Committee of respondent no.4/school, and by virtue of which orders and
charge sheet the services of the petitioner as a teacher with the respondent
no.4/school are sought to be dispensed with on the ground that when the
petitioner first obtained appointment as a teacher with the respondent
no.4/school in 1984, appointment was taken on the basis of B.Ed Degree of
W.P.(C) No. 8747/2005 Page 1 of 11
Maithily University, Darbhanga but Maithily University was not recognized
by the UGC for grant of B.Ed degree.
2. The facts of the case are that the petitioner was appointed as a
teacher in 1984 with the respondent no.4/school and she continued to work
without any complaints either of the school or of the Director of Education
till the year 2001 i.e for approximately 17 years. It appears that a writ
petition being CW No. 3990/2003 was filed by one Chippiwara Zone
Welfare Society with respect to teachers having fake degrees and in such
writ petition by virtue of various orders passed, schools were directed to
take actions against persons/teachers who got appointment through fake
degrees. Petitioner however was not guilty of obtaining fake degree and the
only issue was that the petitioner's degree from Maithily University was not
recognized by UGC.
3. The fact of the matter was that it is only for the first time in the
year 2000 that UGC came with the list of institutions which were
recognized by UGC for giving B.Ed degrees. Petitioner had been appointed
almost 16 years earlier by the respondent no.4/school as a teacher. Also, it
is not the issue that petitioner has concealed any facts and committed fraud
on the respondent no.4/school and both the petitioner as also the respondent
W.P.(C) No. 8747/2005 Page 2 of 11
no.4/school were under an honest mistake as to whether the B.Ed degree of
the petitioner was in fact actually not from a recognized university.
4. In view of the fact that neither the respondent no.4/school nor
the petitioner was at fault, accordingly, the respondent no.3/school
Managing Committee vide its letter dated 1.9.2004 referred to all these
aspects and asked the respondent no.2/Director of Education not to order
discontinuation of services of the petitioner. Though this letter dated
1.9.2004 is a detailed one, but since it encompasses all the aspects, I would
like to reproduce the same as under:-
"OM
Gram: DAVMANCOM Fax No: 011-7532520
011-3540558
Phone:3524304, 7521284
D.A.V.College Managing Committee
CHITRA GUPTA ROAD, NEW DELHI-110055
Ref. No. 5955 Dated:1/9/2004
The Director of Education,
Government of N.C.T.,
Old Secretariat,
DELHI
Sir,
Please refer to your letter No.F.DE/15/ACT/2004/6140 dated 11/8/2004 asking
for Status Report in respect of direction contained in your Order No.8271-76
dated 21/10/2003 within two days as it was a court matter and position was to
be apprised to the Hon'ble High Court. In this connection I would like to
mention that your letter under reference itself was received in this office on 13th
August, 2004 and as such, reply thereto could not be sent within the stipulated
period of two days.
As regards the Status Report in respect of directions contained in your order
dated 21/10/2003, it may be stated that the detailed report explaining the
W.P.(C) No. 8747/2005 Page 3 of 11
circumstances under which Mrs. Shreshtha Sharma, Mrs. Pooja Sardana, Mrs.
Suchitra Dutta and Mrs. Sandhya Gosain were appointed as teachers on the
basis of B.Ed Degree obtained from unrecognized universities have already
been explained in letter DAV/B/SN/2003/873 dated 8/9/2003 issued by DAV
Public School, Burari (in the case of Mrs. Shreshtha Sharma) and letter No.
18315-16-17/02 dated 26/12/2002 issued by Kulachi Hans Raj Model School,
Ashok Vihar, Delhi (in the case of others).
As already intimated, on receipt of a list of unrecognized universities from the
University Grants Commission in the year 2000, this office directed all the
school managed by it to find out whether any of the teaching staff had been
employed in the schools on the basis of a degree obtained from these
universities. Pursuant to this direction the schools examined the degrees of
their entire staff and as a result intimated to this office the names of the teachers
who had obtained B.Ed degrees from the unrecognized universities.
Thereupon, the DAV College Managing Committee served a show-cause notice
on these employees as to why disciplinary action be not initiated against them
for seeking appointment in the schools on the basis of degrees obtained from
unrecognized universities. In reply, these teachers inter alia submitted that for
obtaining these degrees they attended classes for the course, appeared in the
examination and passed the same. They also stated that if they had known that
these universities were not recognised by the U.G.C. they would not have
applied for the degree from such universities.
It would thus be seen that the teachers in question obtained their degrees from
these universities under a genuine and bonafide belief that these were
recognised and had no knowledge that these were unrecognised. They fact
remains that even the school authorites were not aware of this fact. Had they
known that the universities in question were not recognised, they applications
for appointment of these teachers would have been out rightly rejected.
This office appointed a Committee of Educationists and Legal Experts to
consider the case of such teachers and after due deliberations, the Committee
decided that the teachers who have obtained B.Ed Degree from unrecognized
universities/institutions and have been working in DAV Public/Model schools
for a long period be given time up to 30th Sept., 2005 to obtain B.Ed Degree
from these universities which stood approved and recognised by the U.G.C
either through correspondence or by joining a regular course from a recognised
university/institution.
It would thus be seen and appreciated that the Managing Committee had suo
moto initiated necessary action to rectify the error, which had inadvertently
crept in. All the three individuals (as stated in para-2 of the letter) have since
obtained the B.Ed degree from the recognised universities.
On the basis of the above explanation, the cases of Mrs. Shreshtha Sharma,
Mrs. Pooja Sardana, Mrs. Suchitra Dutta and Mrs. Sandhya Gosain were
dropped by the Directorate and these teachers were allowed to continue in their
respective posts (Mrs. Pooja Sardana, Mrs. Suchitra Dutta and Mrs. Sandhya
Gosain in teaching assignment and Mrs. Shreshtha Sharma in Administrative
assignment). The same position still holds good.
W.P.(C) No. 8747/2005 Page 4 of 11
It may be mentioned that Director's order dated 21/10/2003 was not sent to the
office of the DAV College Managing Committee, Chitra Gupta Road, New
Delhi and as such, reply to para 5 thereof could not be given. This office had
been impressing upon the DAV schools from time to time not to appoint any
untrained or under qualified teacher in the DAV Public Schools. We have
again issued directions to all DAV Public Schools in Delhi not to appoint any
teacher who does not possess the minimum qualifications for employment as a
teacher as prescribed in Rule 100 of Delhi Schools Education Rules,1973 read
with Bye-Law 53 of CBSE Bye-laws a copy of circular letter No. 5837 dated
27/8/2004 issued to all DAV Public Schools is enclosed. This office is
committed to ensure compliance of these directions. This office is also trying
to find out whether there are any unqualified teachers still working in DAV
Public schools in Delhi and if so rectificatory action will be taken depending
upon the merits of each case.
Reference is also invited to your order No.DE15/Act/2004/6319 dated 13th
August, 2004 issued in partial modification of your order dated 21/10/2003
wherein it has been directed that services of Smt. Shreshtha Sharma, Smt.
Suchitra Datta and Smt. Sandhya Gosain who worked as teachers on the basis
of degrees of B.Ed from un-recognised universities be dispensed with
immediately after following due process and also that criminal proceedings be
initiated against them.
Strictly speaking it cannot be said that B.Ed Degrees of these teachers were
fake. In fact, these degrees were obtained from universities which were not
recognised. As examined in the preceding paragraphs that when these teachers
were appointed neither these teachers nor the management's of the schools
were aware that thier degrees were from unrecognised universities. It was only
when a list of unrecognized universities was received from University Grants
Commission in the year 2000, that this office suo-moto initiated action to find
out case of appointments on the basis of wrong certificates and took
rectificatory action. There was no intention to de-fraud either by the teachers or
by the school managements.
As prescribed under the rule 120 of Delhi Schools Education Rules,1973,
service of any teacher cannot be dispensed with except after initiating
departmental proceedings as far as may be in the manner laid down in the said
rule. As pointed out in the preceding paragraphs, neither the teachers concerned
nor the management were aware that the B.Ed degrees in these cases were from
unrecognized universities. As the teachers in question duly produced their
certificates and these were accepted by the appointing authorities in good faith,
charge of production of fake degrees may not be maintainable. It was on these
considerations that in response to the show-cause notice, the management
instead of initiating disciplinary action, decided to allow them the time upto 30th
Sept., 2005 to obtain requisite degrees from the recognised universities which
they have since obtained. As there was no intention to defraud on the part of
the teachers, it may not be possible to even intimate criminal proceedings
against them.
W.P.(C) No. 8747/2005 Page 5 of 11
It is submitted that the cases of Mrs. Shreshtha Sharma, Mrs. Pooja Sardana,
Mrs. Suchitra Dutta and Mrs. Sandhya Gosain be considered sympathetically in
the light of the position explained above and dropped finally.
A number of educational institutions imparting B.Ed Degree have been
functioning and are existing anywhere for between 20-30 years but the
Government never took any action of any description and never notified any
illegality or ineligibility about the courses and degrees awarded by them or
otherwise took steps against them holding the degrees as invalid although it has
now been brought to our notice that they were un-recognised institutions. It
will be appreciated if suitable action is also initiated by Government against
such institutions so that the evil of appointment on the basis of fake degrees
could be nipped in the bud.
Yours faithfully,
Sd/-
(M.L.KHANNA)
GENERAL SECRETARY"
(emphasis added)
5. A reading of the aforesaid letter makes it clear that there is no
concealment of facts or any fraud played by the petitioner on the respondent
no.4/school and in fact petitioner has, after being brought to her attention
that her B.Ed degree was not from a recognized university, petitioner
thereafter in 2002 did obtain a B.Ed degree from a recognized university
being Chaudhary Charan Singh University, Meerut on being given time by
the respondent no.4/school. This aspect is not disputed that petitioner has in
fact obtained the B.Ed degree after it was brought to her notice by the
respondent no.4/school and time was given to her to get the necessary B.Ed
degree. Accordingly, the case of the petitioner was different than the case
W.P.(C) No. 8747/2005 Page 6 of 11
of the teachers who had obtained employment on the basis of fake degrees
and with respect to which CW No. 3990/2003 was filed.
6. That in fact the services of the petitioner cannot be dispensed
with also becomes clear from the fact that respondent no.2/Director of
Education itself initially agreed that the services of the petitioner need not
be dispensed with inasmuch as an order to this effect was passed by the
respondent no.2/Director of Education on 21.10.2003 and which reads as
under:-
"GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DIRECTORATE OF EDUCATION: OLD SECTT.
DELHI
Dated: 21/10/2003
No.8271-76
ORDER
This is a case in which the Hon'ble High Court has passed an order on 9.7.2003
in CPW No. 3990 2003 in the matter of Chippiwara Zone Welfare Society Vs.
Govt. of NCT of Delhi. The order is reproduced herein below:-
"Respondents to consider the petitioner's representation and take a decision
and communicated the same to the petitioner. The exercise to be completed
within a period of six weeks. The matter stands disposed of with this
direction".
2. The concerned parties were asked to appear before the Director of
Education with their written submission in support of their contentions on
8.9.2003. A letter was also sent at the address of the petitioner by registered
post but the same was received back in the office with the remarks on the
envelope that there is no such society at the given address and so nobody turned
up from the side of the petitioners nor any clarification is received so far.
3. The papers submitted by the respondents have been examined and the
facts as revealed may be cited as follows:-
a) Ms. Shreshtha Sharma was appointed as TGT (Science) in July 1987
on temporary basis and was to be confirmed only if she passed here B.Ed
Examination within 3 years of her joining. She submitted her B.Ed certificate
No. 17265 dated 6/9/1989 of Varanaseya Sanskrit Vishwavidyala, Varanasi
along with mark sheet in which she is shown to have passed the said
examination in Ist Division. The above said Vidyalaya was established in 1958
and renamed as Sampurnanand Sanskrit Vishwavidyalaya with effect from 14th
Dec., 1974 and thereafter the said institution ceased to exist and therefore the
certificate issued on 6/9/1989 is claimed to be a fake certificate/degree issued
by the University. The matter was considered by DAV College Managing
Committee and decided that in all such case, time upto 30/9/2005 be given to
obtain B.Ed degree from a recognised university.
By an order dated 26/9/2001, she was asked to join the office of DAV College
Managing committee and was given an administrative assignment on her last
pay drawn.
The aforesaid teacher was not qualified for the post of PGT (Sc) in July 1987
and continued to be so till the year 2002 when she completed her B.Ed from
Jammu University. No action was taken against her even after the submission
of fake degree in 1989. Instead she was allowed to continue till 26/9/2001 on
the same post and later on adjusted by the Management on the same pay scale.
It leave no doubt that was a favourite candidate of the Management.
b) Smt. Pammi Datta, previously permilla Bali did her B.Ed in 1971 after
completing B.A in 1968 and M.A in 1970. Till 1974 Varanasi Sanskrit
Vishwavidyalaya was a recognized institution when its name was changed to
Sampurnanand Sanskrit Vishwavidyalaya. Shiksha Shashtri is treated as
equivalent to B.Ed so the points raised in the petition are found to be
unauthentic.
c) The three other teachers of Kulachi Hans Raj School, Ashok Vihar
were also working on the basis of fake degrees and they also appeared from the
above University. Ms. Pooja Sardana with Roll No. 9382062 Ms. Suchita Dutta
with roll No. 9392088 and Ms. Sandhya have since passed B.Ed. examination
from Choudhary's Charan Singh university in the year 2002. Ms. Pooja
Sardana is no more working in the school. These teachers are working in the
school since 1984 and inspite of the fact that the management is in the thickness
of the knowledge that these teachers were appointed when they were untrained
and later on they submitted their B.Ed. certificate from an unregonised fake
University instead of taking the action against these teachers, these teachers
were provided opportunity to complete B.Ed. by 30/9/2005.
d) Ms. Deepika Sabharwal, PGT (Hindi) has been arrested on the Charge
of getting the job on the basis of fake certificates. She was arrested on
25/11/2002 and an FIR Lodged u/s 420, 467, 168, 171, 120 B of IPC and
remained in police custody for more than 18 hours. They teacher is under
suspension and disciplinary proceedings are in continuation by the school
management.
4. In view of the above facts, there is no need to take any action against
Smt. Shreshtha Sharma who has been shifted from the school to the Head
Office of DAV managing Committee. Prima facie there is no case against Ms.
Pammi Datta. As regards Ms. Sandhya Gosain and others, these teachers have
completed the requisite qualification for the post under the shadow of school
managing committee and are continuing in the service for the last about 20
years and so they may be allowed to continue in service. Suitable action will be
taken against Ms. Deepika Sabharwal on the receipt of the report and
recommendation of disciplinary authority constituted in service. Suitable action
will be taken against recommendation of disciplinary authority constituted in
the Managing Committee of SRSD School, Lajpat Nagar.
5. Directions are issued to the Chairman of DAV School managing
Committtee, Chitra Gupta Road, New Delhi that no untrained, under-qualified
teachers shall be appointed in the schools managed by the society and he is
further directed to file an affidavit as oath that in all schools under DAV School
Managing Committee no untrained or unqualified teachers are working as on
date.
6. This order disposes of the directions issued by the Hon'ble Court in
CWP No. 3990 2003 in the matter of Chippiwara Zone Welfare Society Vs.
GOVT. OF NCT OF DELHI.
Sd/-
(RAJINDER KUMAR)
DIRECTOR OF EDUCATION"
(underlining added)
7. At this stage, it is relevant to refer to Rule 97 of the Delhi
School Education Rules, 1973 which provides for relaxation in
qualifications for appointment of a teacher in a school. This Rule 97 reads
as under:-
"97. Relaxation to be made with the approval of the Director.- Where the
relaxation of any essential qualification for the recruitment of any employee is
recommended by the appropriate Selection Committee, the managing
committee of the school shall not give effect to such recommendation unless
such recommendation has been previously approved by the Director."
8. Therefore, it is seen that even legally by virtue of Rule 97 of
the Delhi School Education Rules a particular qualification for appointment
can be waived with approval of the Director of Education and in the present
case the issue of waiver is not a permanent waiver but a limited waiver till
the time petitioner in fact obtained the B.Ed degree after it was pointed to
the petitioner that the earlier B.Ed degree obtained by the petitioner from
Maithily University was invalid as Maithily University was not recognized
by the UGC. Petitioner admittedly obtained the correct B.Ed degree on
27.12.2002 from Chaudhary Charan Singh University, Meerut. Therefore,
the present is not a case of a fake degree, the respondent no.4/school itself
was in favour of the petitioner and accordingly it wrote its letter dated
1.9.2004 to the respondent no.2/Director of Education, and in fact the
respondent no.2/Director of Education also initially as per its order dated
21.10.2003 was of the opinion that petitioner should be allowed to continue
with her services in the respondent no.4/school.
9. In view of the above facts, it would be apposite if the writ
petition is allowed by setting aside the impugned orders dated 13.8.2004 and
14.12.2004 issued by the respondent no.2/Director of Education and
consequent charge sheet dated 31.3.2005 which was issued by the
respondent no.3/Managing Committee on account of the orders dated
13.8.2004 and 14.12.2004 of the respondent no.2/Director of Education. It
is however ordered that the services of the petitioner with the respondent
no.4/school will be legally valid with all consequences on the petitioner
having obtained the B.Ed degree in the year 2002 (27.12.2002) from
Chaudhary Charan Singh University, Meerut, UP.
10. The writ petition is accordingly allowed and disposed of in
terms of the aforesaid observations.
JANUARY 18, 2017 VALMIKI J. MEHTA, J
ib
