Uttarakhand High Court
Suman Sharma And Others --Appellants vs State Of Uttarakhand And Others on 10 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:4762-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI AND
HON'BLE JUSTICE SRI SUBHASH UPADHYAY
Special Appeal No. 442 of 2018
Suman Sharma and others --Appellants
Versus
State of Uttarakhand and others --Respondents
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Presence:-
Mr. Anil Kumar Joshi, Advocate for the appellants.
Mr. Puran Singh Bisth, Additional CSC for the State
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The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
1. There is a delay of 54 days in filing the Appeal. For
the reasons indicated, delay is condoned. Accordingly,
Delay Condonation Application (CLMA No. 7989 of
2018) stands disposed of.
2. This intra-Court Appeal is directed against
judgment and order dated 20.03.2018, rendered by
learned Single Judge in Writ Petition (S/S) No. 339 of
2013. By the said judgment, writ petition filed by Mr.
Ashok Kumar Sharma, challenging termination of his
service was dismissed. The impugned judgment is
extracted below:-
"Since common questions of law and facts are
involved in the above numbered writ petitions, hence the
same are being taken up together and adjudicated by this
common order. In order to maintain clarity, the facts of
WPSS No.898 of 2013 have been taken into consideration.
Heard.
Petitioner was appointed on the basis of B.Ed. degree
obtained from Sampurnananda Sanskrit Viswavidhalaya.
The Chief Education Officer has sent a communication and
has sought information from the Sampurnananda Sanskrit
Viswavidhalaya vide letter dated 23.04.2010, wherein it
was stated that the name of the institution is
Sampurnananda Sanskrit Viswavidhalaya since 1973. No
student by name of Ashok Kumar Sharma was ever
enrolled in the University. The degree of the petitioner was
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found to be forged. A criminal case was registered against
the petitioner under Sections 420, 467, 468 read with
Section 471 of I.P.C.
The petitioner has been issued show cause notice to
which he has filed reply and thereafter impugned order has
been passed.
In view of the information supplied by the concerned
University, even regular inquiry would have been
unnecessary.
Accordingly, there is no merit in the petitions and the
same are hereby dismissed."
3. Learned State Counsel submits that Mr. Ashok
Kumar Sharma (writ petitioner) was appointed as
Headmaster in Anusuchit Jan Jati Vidyalaya, Banshipur,
Dehradun, on the strength of fake B.Ed. degree.
Subsequently, when the authorities learnt about this
fact, Chief Education Officer, Dehradun issued a show
cause notice and since reply given by writ petitioner
was not found to be satisfactory, therefore his services
were terminated vide order dated 23.02.2013. Thus,
feeling aggrieved, he filed Writ Petition (S/S) No. 339 of
2013, which was dismissed by the impugned judgment.
4. Heard learned counsels for the parties and
perused the record.
5. It is not in dispute that B.Ed. degree furnished by
Mr. Ashok Kumar Sharma, at the time of his
appointment, was sent for verification to
Sampurnananda Sanskrit Viswavidhayala and the
concerned University replied that no student by the
name of Ashok Kumar Sharma was enrolled in the
relevant year.
6. In the absence of B.Ed. degree, writ petitioner was
not eligible for appointment as Principal of an
educational institution, as B.Ed. is an essential
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qualification for such appointment. Thus dismissal of
his writ petition cannot be interfered with in this intra-
Court appeal.
7. Accordingly, the Special Appeal is dismissed.
_______________________________
MANOJ KUMAR TIWARI, J.
____________________________
SUBHASH UPADHYAY, J.
Dt: 10th June, 2025
Mahinder
