- (1.) THE petitioner is an Assistant Teacher. He has preferred this writ petition for issuance of a writ of certiorari quashing the order passed by the Director of Education (Secondary Directorate), Meerut, (herein after referred to as "the Director"), dated 10th June 2011 whereby petitioner's appointment has been cancelled and a direction has been issued to lodge an FIR against him on the ground that on the basis of a false certificate he has secured the job.
(2.) THE essential facts are that the petitioner claims that he belongd to "Gujar" caste and according to the terms of the Government Order dated 26th March 1962, the Gujar comes under the category of the Scheduled Caste. A copy of the said order is on record as annexure 1 to the writ petition. It is stated that the petitioner was selected and appointed as an Assistant Teacher on 15th December 1980 in Government Higher Secondary School, Chahaj, Pithauragarh and since then he continued to function as Assistant Teacher. During the course of time, the petitioner earned his promotion to the Sub -ordinate Gazetted rank in the pay scale of Rs. 2000 -3500 under the U.P. Shikshak Adhiniyam (Adhinasth Rajpatrit), Sewa Niyamawali, 1993 and was posted at Bijnore as Vice Principal. The promotion of the petitioner was cancelled on 06.06.1997 on the ground that he does not belong to reserved category of Scheduled Tribe as the Gujar comes under the backward category. Aggrieved by the said order the petitioner preferred Writ Petition No. 21022 of 1997 [Braham Pal Singh Verma v Director of Education (Madhyamik), U.P. Allahabad and others]. The said writ petition was allowed by this Court vide order dated 31.07.1997 and the Court found that the petitioner's services were terminated without giving him any opportunity. The relevant part of the order of the Court reads as under: "It cannot be denied that by the order dated 3.5.1997 petitioner was promoted to a higher post and a vested right was created in his favour. If he was to be deprived of this right/benefit, an opportunity ought to have been given. It cannot also be denied that the impugned order entails serious consequences against petition and it could not be passed without applying the principles of natural justice. For the reasons stated above, this petition is allowed. The order dated 6.6.1997, Annexure -4 to the writ petition, passed by the Director of Education is quashed so far as petition is concerned. However, it is made clear that it shall be open to the respondents to pass a fresh order in accordance with law after affording opportunity of hearing to the petitioner. No order as to cost."
(3.) FROM the record it transpires that after the writ petition was allowed, some enquiry was conducted and a report of the Tehsildar, Mawana was sought by the authorities concerned. The Tehsildar after the enquiry, submitted a report on 18th September 2004, wherein he has certified that the certificate, issued in favour of the petitioner from his office indicating that the petitioner is a scheduled caste candidate, is genuine. A copy of the said certificate has been annexed as annexure 9 to the writ petition. It is averred in the writ petition that after the report submitted by the Tehsildar, Mawana the authorities concerned did not initiate any departmental proceeding against the petitioner and the matter was set at rest at that stage.;