Rajasthan High Court - Jodhpur

Sucha Singh vs State And Ors. ... on 19 October, 2023

Bench: Dinesh Mehta

[2023:RJ-JD:35930]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 9788/2014

Smt. Jasveer Kaur W/o Shri Didar Singh, aged about 40 years, resident of V.P.O. 19 PS, Tehsil Raisingh Nagar, District Sri Gangangar.

----Petitioner Versus

1. State of Rajasthan through Principal Secretary, Elementary Education (Gr.II) Department, Government of Rajasthan, Jaipur.

2. The Deputy Secretary, Rural Development and Panchayati Raj Department (Panchayati Raj Elementary Education), Secretariat, Jaipur.

3. The Commissioner, Elementary Education, Government of Rajasthan, Bikaner.

4. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.

5. The District Education Officer and Additional Chief Executive Officer, Elementary Education, Sri Ganganagar.

6. The Block Primary Education Officer, Panchayat Samiti, Sri Karanpur, District Sri Ganganagar.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 8930/2014 Sucha Singh S/o Shri Ghulla Singh, aged about 45 years, resident of V.P.O. 46 F (Moda), Tehsil Sri Karanpur, District Sri Ganganagar.

----Petitioner Versus

1. State of Rajasthan through Principal Secretary, Elementary Education (Gr.II) Department, Government of Rajasthan, Jaipur.

2. The Deputy Secretary, Rural Development and Panchayati Raj Department (Panchayati Raj Elementary Education), Secretariat, Jaipur.

3. The Commissioner, Elementary Education, Government of Rajasthan, Bikaner.

4. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.

5. The District Education Officer and Additional Chief Executive Officer, Elementary Education, Sri Ganganagar.

6. The Block Primary Education Officer, Panchayat Samiti, Sri Karanpur, District Sri Ganganagar.

----Respondent (3) S.B. Civil Writ Petition No. 8931/2014 Gurtej Singh S/o Shri Hardev Singh, aged about 45 years, resident of VPO Roopnagar, Tehsil Sri Karanpur, District Sri Ganganagar.

----Petitioner

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Versus

1. State of Rajasthan through Principal Secretary, Elementary Education (Gr.II) Department, Government of Rajasthan, Jaipur.

2. The Deputy Secretary, Rural Development and Panchayati Raj Department (Panchayati Raj Elementary Education), Secretariat, Jaipur.

3. The Commissioner, Elementary Education, Government of Rajasthan, Bikaner.

4. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.

5. The District Education Officer and Additional Chief Executive Officer, Elementary Education, Sri Ganganagar.

6. The Block Primary Education Officer, Panchayat Samiti, Sri Karanpur, District Sri Ganganagar.

----Respondent (4) S.B. Civil Writ Petition No. 9789/2014 Smt. Suman Bala W/o Shri Ashok Kumar, aged about 52 years, resident of V.P.O. 42 F, Post Office Nizampura Kuresia, Tehsil Sri Karanpur, District Sri Ganganagar.

----Petitioner Versus

1. State of Rajasthan through Principal Secretary, Elementary Education (Gr.II) Department, Government of Rajasthan, Jaipur.

2. The Deputy Secretary, Rural Development and Panchayati Raj Department (Panchayati Raj Elementary Education), Secretariat, Jaipur.

3. The Commissioner, Elementary Education, Government of Rajasthan, Bikaner.

4. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.

5. The District Education Officer and Additional Chief Executive Officer, Elementary Education, Sri Ganganagar.

6. The Block Primary Education Officer, Panchayat Samiti, Sri Karanpur, District Sri Ganganagar.

----Respondent (5) S.B. Civil Writ Petition No. 9915/2014 Major Singh S/o Shri Kirpal Singh, aged about 48 years, resident of Village & Post Office Radewala, Tehsil Sri Karanpur, District Sri Ganganagar.

----Petitioner Versus

1. State of Rajasthan through Principal Secretary, Elementary Education (Gr.II) Department, Government of Rajasthan, Jaipur.

2. The Deputy Secretary, Rural Development and Panchayati Raj Department (Panchayati Raj Elementary Education), Secretariat, Jaipur.

3. The Commissioner, Elementary Education, Government of Rajasthan, Bikaner.

[2023:RJ-JD:35930] (3 of 5) [CW-9788/2014]

4. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.

5. The District Education Officer and Additional Chief Executive Officer, Elementary Education, Sri Ganganagar.

6. The Block Primary Education Officer, Panchayat Samiti, Sri Karanpur, District Sri Ganganagar.

----Respondent (6) S.B. Civil Writ Petition No. 9916/2014 Bal Raj Singh S/o Shri Gur Charan Singh, aged about 49 years, resident of village and post office Radewala, Tehsil Sri Karanpur, District Sri Ganganagar.

----Petitioner Versus

1. State of Rajasthan through Principal Secretary, Elementary Education (Gr.II) Department, Government of Rajasthan, Jaipur.

2. The Deputy Secretary, Rural Development and Panchayati Raj Department (Panchayati Raj Elementary Education), Secretariat, Jaipur.

3. The Commissioner, Elementary Education, Government of Rajasthan, Bikaner.

4. The Chief Executive Officer, Zila Parishad, Sri Ganganagar.

5. The District Education Officer and Additional Chief Executive Officer, Elementary Education, Sri Ganganagar.

6. The Block Primary Education Officer, Panchayat Samiti, Sri Karanpur, District Sri Ganganagar.

----Respondent

For Petitioner(s) : Mr. C.S. Kotwani For Respondent(s) : Mr. K.K. Bissa with Mr. G.S. Chouhan Mr. Girjesh Kant Sharma (D.E.O., Elementary Education, Srigangangar)

JUSTICE DINESH MEHTA

Order

19/10/2023

1. Mr. Bissa, learned counsel for the respondents submits that

the issue involved in the present writ petitions has been set at rest

by a Coordinate Bench of this Court vide order dated 20.01.2022,

passed in the case of Doongar Singh Vs. State of Rajasthan &

Ors.; S.B. Civil Writ Petition No.5157/2016, in which the

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controversy related to the same type of degree issued by the Dr.

Rammanohar Lohia Avadh University Faizabad as in the present

case and even the letter dated 01.02.2010, issued by the

Commissioner & Controller of the University.

2. Mr. Kotwani, learned counsel for the petitioner tried to

distinguish the facts of the present case from Doongar Singh

(supra). However, on perusal of the record and prima-facie

considering the facts, this Court is of the view that the issue is

squarely covered by the judgment rendered by the Coordinate

Bench of this Court in the case of Doongar Singh (supra).

3. In the case of Doongar Singh (supra), this Court has held

thus:

"In view of the above facts, it is clear on record that there are two specific contrary findings by the Investigating Officer and by the Inquiry Officer on record. Both are based upon the letters/communications of the Avadh University which are also totally contrary to each other. In such circumstances, it is very much essential that a fresh inquiry is initiated by the respondent authorities in the present matter to reach to a specific conclusion whether the degree of the petitioner was a forged document or not.

In view of the above observations, the order dated09.02.2016 passed by the appellate Authority is quashed. As a consequence, the Inquiry Report dated 31.08.2006 (although not challenged in the present petition) is also quashed and the present petition is disposed of with the following directions:

(I) The respondent authorities shall hold a fresh inquiry into the matter and for the purpose, would call for a fresh and specific Report from Dr. Rammanohar Lohia Avadh University

(ii) The Registrar of the University is directed to furnish a specific Report seeking a clarification about all the earlier letters dated 08.03.2002, 27.08.2002,

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07.08.2003, 26.02.2004 and01.02.2010 issued by the University and further a Specific Report pertaining to the degree of the petitioner.

(iii) After conclusion of the inquiry, the authority would pass afresh order thereupon.

It is needless to state that the petitioner would be afforded complete opportunity of hearing during the inquiry proceedings.

The petitioner would be under an obligation to place the degree as obtained by him on record before the Inquiry Officer. If the same is not done, the present order would not come into effect and as a consequence, no further inquiry as directed by this order would be required to be taken up by the respondent authorities.

The complete inquiry proceedings be conducted and completed by the authorities within a period of three months of this order.

It is made clear that the termination order dated 19.01.2007 passed against the petitioner shall remain in existence till the fresh inquiry proceedings are completed and a fresh order thereupon is passed by the respondent-department in consequence thereof. If the Inquiry Officer reaches to a conclusion that the degree of the petitioner is a fraudulent document, the termination order would remain in existence and if the Inquiry Officer reaches to a conclusion vice- versa, the department may pass fresh order thereupon."