- (1.) THE order impugned in the present writ petition has been issued by the District Inspector of Schools (SE), Malda on February 06, 2004 holding the petitioner guilty of procuring a forged marksheet and was, therefore, not competent to be empanelled for the post of the Assistant Teacher of Mathematics of Ratua High Madrasah (the Madrasah, for short) in the district of Malda.
(2.) THE petitioner joined the Madrasah on December 23, 1997. When he applied for the post, he had produced a marksheet of B.Ed degree from B.N. Mondal University in Bihar. The Madrasah authorities referred the marksheet for verification to the University. The University informed the Secretary of the Madrasah that the petitioner obtained 698 marks in B.Ed examination of 1996 although, according to the Madrasah authorities, the marksheet produced by the petitioner showed 732 as his total marks. Subsequently, the District Inspector of Schools had terminated the appointment of the petitioner on May 18, 1998 for producing a forged certificate.
(3.) AT this stage, it is not necessary to enter into the details of the step taken by the petitioner and the subsequent writ petition filed by him. Suffice it to say, the petitioner's stand had been that he never submitted any such certificate, as claimed by the Madrasah authorities. The marksheet he submitted reflected a grand total as 698 marks. It must have been in the interest of any designing person that the said certificate had somehow appeared on the record. Pursuant to a direction given by this Court, the concerned District Inspector of Schools had given a hearing and by a detailed report had come to the conclusion, which has been mentioned earlier. The only stand taken by the petitioner is a bold denial that he had produced the marksheet containing 732 marks in the B.Ed examination. Undoubtedly, a person cannot prove the negative. Therefore, the petitioner also cannot be asked to give any evidence of a negative fact, i.e he had not produced any marksheet showing 732 as total marks. But there should have been something which he was required to produce in support of his claim that marksheet produced by him tallied with the marks given by the B.N Mondal University.;