ANIL KUMAR Vs. STATE TH. EDUCATION DEPTT
LAWS(J&K)-2020-2-22
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 03,2020

ANIL KUMAR Appellant
VERSUS
State Th. Education Deptt Respondents

JUDGEMENT

Sanjeev Kumar - (1.)Vide advertisement notification No. 9 of 2010 issued by respondent No.3, applications were invited for engagement of RET Teachers in various zones of District Jammu which included two posts in Primary School Jhallar. Out of the two posts advertised one was earmarked for Mathematics stream and one for Science stream. Petitioner along with respondent No. 5 and other eligible candidates responded in the aforesaid notification and sought consideration against the post earmarked for Mathematics stream. A panel was prepared by respondents in which the respondent No. 5 was at serial No.1 whereas the petitioner at serial No. 2. On the basis of merit, respondent No. 5 was engaged as RET.
(2.)The engagement of respondent No. 5 as RET in Mathematics stream in the school aforesaid was assailed by the petitioner by way of instant writ petition primarily on the ground that Graduation degree relied upon by respondent No. 5 for seeking appointment as RET was fake. This Court vide order dated 14.12.2017, directed the Director School Education, Jammu to verify as to whether the degree possessed by respondent No. 5 was at all issued in her favour by the University concerned and whether respondent No. 5 had appeared as Maths student in the said course. In compliance to the aforesaid directions of this Court, the Director School Education took up the matter with the Vice Chancellor of Mahatama Gandhi Kashi Vidhyapith, Varanasi vide its letter dated 15.03.2019 and after verification it is found that the degree possessed by respondent No.5 was not issued by the said University.
(3.)Accordingly, the Chief Education Officer, Jammu was directed to put the respondent No. 5 on notice and issue termination order after providing opportunity of being heard. The process was followed and ultimately the services of respondent No. 5 were terminated.
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