Sudhir Agarwal - (1.) WRIT petion is directed against the order dated 15.9.2006 (Annexure 28 to the writ petition) passed by Registrar, Bundelkhand University cancelling mark-sheet and degree of B.Ed. issued to petitioner in 1994 being forged and fictitious having been obtained by playing fraud and thus cancelling his result of the said course.
(2.) THE facts giving rise to the present dispute, as stated in writ petition, are that petitioner obtained his academic qualification of High School in 1978, Intermediate in 1980, B.Sc. in 1989 and M.Sc. in 1996. He was temporarily appointed as Teacher in Sri Guru Nanak Khalsa High School, Sipari Bazar, Jhansi on 9.8.1993 for imparting education in the subjects of Science and Maths. THE initial engagement of petitioner was without any remuneration or in other words, on honorarium basis, but subsequently he received salary with effect from 1.8.1994. He sought admission in B.Ed. course conducted by Bundelkhand University, Jhansi in 1994. For that purpose he claims to have appeared in entrance examination. Petitioner submitted an application dated 6.1.1994 before Principal, Guru Nanak Khalsa High School, Jhansi stating that he has been selected for B.Ed. course of Bundelkhand University and, therefore, be allowed to join the said course as an institutional candidate. THE permission said to have been granted by the Principal on 6.1.1994 itself. Petitioner paid examination fees of Rs. 475/- vide bank draft No. 507843 for appearing in B.Ed, course for the academic session 1993-94. An admit card was issued to him for appearing in B.Ed. examination 1993-94 bearing roll No. 2241. A photocopy of the said card has been placed on record at page 52 of the writ petition. Petitioner appeared in all five papers mentioned in his admit card. THE result was declared in November 1994 and a mark-sheet bearing sl. No. 682 dated 16.11.1994 was issued to the petitioner. He applied for provisional certificate by depositing requisite fee on 12.10.1998 which was issued to him on the same date. He deposited requisite fees for issuance of "B.Ed. Degree" which was also issued to him. A photocopy of B.Ed, degree has been placed on record as Annexure 12 to the writ petition. He also required duplicate mark-sheet of B.Ed. examination 1993-94 for which requisite fee was deposited on the same date i.e. 21.9.1998 and the same was also issued on 21.9.1998. Possessing the above qualification of B.Sc, M.Sc. and B.Ed., petitioner applied for appointment on the post of Principal and was ultimately appointed as Principal, Sri Guru Nanak Khalsa Inter College on 7.9.1999. His appointment was duly approved by Joint Director of Education on 7.9.1999. After appointment, petitioner was continuously working on the post of Principal and was confirmed later on. In the daily newspaper "Dainik Jagran" dated 22.1.2001, a news item was published by Bundelkhand University that eleven B.Ed. degrees were found forged and fictitious, hence, their result of B.Ed. has been cancelled. These eleven names included petitioner's name also. It was stated that a high level committee for enquiring the matter has been constituted to find out whether any higher qualification was obtained by these persons based on the aforesaid B.Ed. degree. Pursuant to the said news item. Management of the College by order dated 27.1.2001 terminated the petitioner. Challenging the order of termnation as also University's order dated 22.1.2001, the petitioner filed writ petition No. 3424 of 2001 which was allowed vide judgment dated 5.2.2001. The relevant extract of the judgment reads as under: "It is not in dispute that neither any show-cause notice nor any opportunity of hearing was given to the petitioner before the cancellation of the B.Ed. degree of the petitioner by the Registrar. Thus, the said order have been passed in gross violation of the principle of natural justice and cannot be sustained. It is hereby set aside. However, it will be open to the University authorities to give an opportunity of hearing to the petitioner before taking any action. If the University authorities issues notice to the petitioner, the petitioner shall submit his reply within 15 days from the receipt of the said notice and the Registrar shall decide the matter in accordance with law within one month thereafter after giving an opportunity of hearing to the petitioner. Consequential order passed by the respondent No. 5 terminating the service of the petitioner cannot be permitted to stand and is hereby set aside. In the result, the writ petition succeeds and is allowed." Respondent No. 2, thereafter, issued a show-cause notice dated 16/ 17.4.2001 to the petitioner asking him to file his reply. The notice contains certain points on which petitioner's clarification was sought. Petitioner submitted his reply on 2.5.2001. In a daily newspaper dated 27.6.2001 shows-cause notice was also published by respondent No. 2 in respect to other ten candidates. Since the name of petitioner was not included in the published news item dated 27.6.2001, petitioner presumed that matter against him has been dropped. In the meantime, a writ petition No. 35206 of 2001 was filed by by the parent body of the College, namely, Society, Sri Guru Singh Sabha seeking a mandamus commanding the University to declare result of enquiry. This writ petition was disposed of on 6.11.2001 directing the University to publish result of enquiry within four weeks provided there is no legal impediment against thereto. A fresh shows cause notice was issued to petitioner on 4.9.2006 by University. The university sent letter dated 2.9.2006 requiring the petitioner to appear before Registrar on 12.9.2006 for oral haring. The petitioner, thereafter, submitted a detailed reply dated 12.9.2006 and also availed oral opportunity of hearing before the Registrar. Thereafter, the impugned order has been passed on 15.9.2006.
(3.) IT is contended that petitioner has appeared in B.Ed. examination as a regular institutional candidate and, therefore, all the grounds, which have been relied on by respondent No. 2 in order to cancel his result of B.Ed. examination, are baseless and illegal. Separate counter-affidavits have been filed by the University, the State- authorities as also the Management. The counter-affidavit on behalf of respondents 1, 3 and 4 has been sworn by Sri C.L. Chaurasia, District Inspector of Schools, Jhansi (hereinafter referred to as "DIOS") stating that in the approval letter dated 7.9.1999 passed by Joint Director of Education, it was clearly mentioned that in case any fact has been concealed, the approval shall become inoperative suo motu. It is also said that so far as his appointment as untrained teacher is concerned, the said appointment was made without seeking approval from DIOS. It further referred to the proceedings initiated by University for cancellation of the degree and in reference thereto, it is said that since petitioner's B.Ed. degree has been cancelled by University, therefore, he is not competent to hold the office of Principal of the College.;