M.L.Bhat- - (1.) THE short controversy raised in this petition is whether the petitioner's continuance as class III employee with the respondents is proper and whether in the absence of having passed the High School examination, he could be promoted as class III employee.
(2.) THE petitioner's case is that he has done M. A. previous in Sociology. He was initially appointed as class IV employee in the grade of Rs. 55-75, which appointment continued upto 2-3-1972. On a clear vacancy caused by promotion of one of the employees, the petitioner continued to hold the post of class IV employee and his appointment as such was extended from time to time. After completing two years service coutinuously the petitioner was appointed on regular basis in clear vacancy as class IV employee on 1-9-1973. He was promoted along with others to the post of routine grade clerk on 12-10-1973. THE petitioner is said to have been asked to produce the High School certificate and mark sheet. THE petitioner is said to have produced the original mark sheets of Prathma and Madhyama. THE petitioner was promoted to the post of Junior Assistant on 20-8-1986 with effect from 16-5-1985 retrospectively. THE petitioner could not produce the High School certificate. He informed the University that he has already submitted the certificates of Prathma and Madhyama, which were received by the University, therefore, he could not produce the High School certificate. THE petitioner is said to have produced the High School certificate. THE petitioner is said to have produced the certificates of B. A. Part I and B. A. II as also the M. A. Previous certificate. For non-production of High School Certificate the petitioner came to be suspended on 31-1-1988. An enquiry is said to have been conducted against the petitioner and the charge against him was proved that he did not have High School certificate and his services were terminated on 15-6-1989 after giving him a show cause notice. The petitioner submitted that the University of Allahabad has recognised Madhyama of Hindi Sabitya Sammelan as equivalent to Intermediate and Prathma has been recognised as equivalent to High School by the Central Government. A copy of the extract of Chapter IX of Hindi Sahitya Sammelan, Allahabad has been filed as Annexure 29 to the writ petition. Sahitya Ratna Degree of the Hindi Sahitya Sammelan has been recognised as equivalent to M. A., which is next to Visharad Degree. The case set up by the respondents is that the petitioner has defrauded the Board of High School and Intermediate Education and has obtained Intermediate certificate and B. A. Degree by committing fraud. Promoting the petitioner to the routine grade clerk he was required to furnish the High School certificate, which was essential qualification for his appointment. The submission of certificates of Prathma and Madhyama by the petitioner is said to be a cooked up story to cover the fault. When the petitioner could not furnish the High School certificate, he came up with a new story of Prathma and Madhyama qualification, which is not equivalent to High School certificate. In reply to various letters the petitioner is said to have stated at one stage that he bad already submitted the original mark-sheet and certificate of High School and he has made the administration liable for misplacing them. He had assured the respondents that he will produce a duplicate copy of the High School certificate and thereafter came with the story of Prathma and Madhyama. Throughout he was claming to have passed his High School examination. The original certificate submitted by the petitioner regarding Prathma is said to be a forged one. The promotion of the petitioner is said to have been given in routine manner.
(3.) IT is the case of the respondents that the petitioner's Intermediate examination has been declared to be invalid by the Board of High School and Intermediate Education and consequently the B. A. (Pre), B. A. (Final) and M- A. (Pre) certificates will have no value. In his rejoinder-affidavit the petitioner has reiterated all what he has stated in the writ petition and has denied that his Intermediate and B. A. certificates have been cancelled by the Board.;