Patna High Court
Rahul Kumar vs The Union Of India on 6 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.549 of 2021
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Rahul Kumar, aged about 25 years, General-Male, S/o Sri Shashi Manjhi,
R/o- P.O.- Lalganj, P.S.- Chhatapur, Via- Surpatganj, District- Supaul.
... ... Petitioner
Versus
1. The Union of India through the Chief Post Master General, Bihar Circle,
Patna.
2. The Post Master General, Northern Region, Muzaffarpur.
3. The Director of Postal Services, Northern Region, Muzaffarpur.
4. The Superintendent of Post Offices, Saharsa Division, Saharsa.
5. The Asstt. Superintendent of Post Offices Madhepura.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Jitendra Kumar Giri, Advocate
For the Respondents : Mr. Manoj Kumar Singh, CGC
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE VIKASH JAIN)
Date : 06-08-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents through video conference.
2. Learned counsel for the petitioner has filed an
undertaking that all defects pointed out by the stamp reporter shall
be removed, and compliance with the conditions of the notices of
this Court with regard to acceptance of e-filing shall be made,
without delay immediately upon resumption of normal physical
functioning of the Court, and in any event within one month thereof.
Patna High Court CWJC No.549 of 2021 dt.06-08-2021
3. The present writ petition has been filed "for issuance
of a writ in the nature of 'Certiorari' whereby and whereunder setting
aside the order dated 25.07.2019 passed by Central Administrative
Tribunal, Patna Bench, Patna comprising of Hon'ble Mr. Jayesh V.
Bhairavia, Member (J) and Hon'ble Mr. Dinesh Sharma, Member (A)
in O.A. No. 050/00144/2016, whereby termination of service of the
petitioner vide order dated 29.01.2016 passed by the Assistant
Superintendent of Post Offices, Madhepura, has been affirmed.
Further prayer of the petitioner is for the issuance of the writ in the
nature of mandamus whereby and whereunder commanding and
directing the respondent No. 4 to allow the petitioner to resume his
office as GDSMD/MC, Hariharpur B.O. in the account with Surpatganj
S.O. and moreover to command and direct the respondent authorities
to make the payment of back wages/unpaid salary with due interest
to the petitioner in accordance with law".
4. The short facts of the case according to the petitioner
are that he was provisionally engaged as GDSMD/MC by order
dated 20.05.2014 and continued as such until, all of a sudden, he
was served with the impugned termination letter dated 29.01.2016,
whereby his aforesaid engagement was discontinued. The
petitioner's engagement had been made, inter alia, on his having
passed the Secondary School Examination (High School) in the year
2011 from the Board of Higher Secondary Education, Delhi.
Patna High Court CWJC No.549 of 2021 dt.06-08-2021
5. Learned counsel for the petitioner submits that the
petitioner had joined as GDSMD/MC, Hariharpur, BO on the basis of
passing the examination of Board of Higher Secondary Education,
Delhi, which was recognized by the Government of India, Ministry
of Education, New Delhi. He has relied on two decisions of this
Court rendered in CWJC No. 9694 of 2017 and CWJC No. 16278 of
2011, wherein the termination orders were quashed in view of
violation of principles of natural justice and the petitioners therein
were directed to be reinstated. Learned counsel for the petitioner
submits that in the instant case as well, the termination order has
been passed without issuance of any show cause notice or grant of
opportunity of hearing.
6. Learned counsel for the respondents, on the other
hand, without going into the detailed merits of the matter, invites
reference straightway to two judgments of the Division Bench of
this Court rendered in CWJC No.18812 of 2017 (Pankaj Kumar Vs.
The Union of India and Ors.) and CWJC No. 26 of 2018 (Vivek Kumar
Vs. The Union of India and Ors.), in which it has been observed -
"The core issue is that the so called certificate akin to
matriculation obtained by this petitioner from the
Board of Higher Secondary Education, New Delhi (a
fake organization) can form the basis for begetting
employment in the Postal Department. Since this is
not an educational institution but a fraudulent
organization selling fake certificates, therefore, if this
fact is not disputed and the educational qualification
Patna High Court CWJC No.549 of 2021 dt.06-08-2021
of the present petitioner is not a matter of argument
then any employment obtained by him on the basis of
the said certificate cannot beget him the benefit of
continuance in service. The Court will advise the
petitioner to acquire knowledge instead of buying
knowledge from such institutions.
No interference is warranted with the order of the
Tribunal. Writ is dismissed."
7. These matters were carried to the Hon'ble Supreme
Court in Special Leave to Appeal (C) No.4171 of 2019 and analogous
cases, which were disposed of by order dated 27.09.2019 in the
following terms -
" Notice was issued in the matter so that the
concerned authorities could put on record the
circumstances in which communication dated
26.4.2013 was issued and explain the status with
regard to "Board of Higher Secondary Education".
Affidavits have thereafter been filed on behalf of the
concerned authorities which indicates that the
concerned "Board of Higher Secondary Education" is
not recognized at all; and that the documents
appended to the SLPs were not the correct copies of
the originals. Nor were those documents existing on
the concerned files.
We had therefore, called upon Union of India to
publish an advertisement in the newspapers and put
in the public domain that the concerned Board was
not recognized at all and to warn the entire student
community. The advertisement to that effect has been
Patna High Court CWJC No.549 of 2021 dt.06-08-2021
issued and affidavits of compliance have also been
filed.
In the circumstances, nothing further need be done in
the matter. The special leave petitions are disposed
of.
Pending applications, if any, shall also stand disposed
of"
8. Having heard the parties and on a consideration of the
materials on record, this Court finds the writ petition to be devoid
of merit. The Division Bench has clearly observed that the Board of
Higher Secondary Education, New Delhi is a fake and fraudulent
organization selling fake certificates. This finding has not been
interfered with by the Hon'ble Supreme Court. The decisions of
learned Single Judge, relied upon by the petitioner, are, therefore, of
no avail. So also, remanding the matter in view of stated violation of
natural justice will be an empty formality and will serve no purpose
in the face of the matter having already been decided by the Hon'ble
Supreme Court. The petitioner fairly states that the status does not
appear to have undergone any change thereafter.
9. In above view of the matter, the writ petition stands
dismissed.
10. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made by
the petitioner within the stipulated time provided in para 2
Patna High Court CWJC No.549 of 2021 dt.06-08-2021
hereinabvove, failing which the matter shall be brought to the
notice of this Court.
(Vikash Jain, J)
( Anjani Kumar Sharan, J)
V.K.Pandey/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 09.08.2021
Transmission Date N/A
