JUDGEMENT
-
(1.) THE cause shown for non -appearance on 30.7.2014 was found to be good and sufficient. The restoration application is allowed. The Special Appeal is restored to its original number and was heard.
(2.) THE services of the respondents as Teachers were terminated on the ground that their degrees could not be verified from Lalit Narayan Mithila University, Darbhanga, Bihar. The University could not verify the degrees as the records of the University were sealed by the Central Bureau of Investigation.
(3.) THE respondents filed writ petitions challenging the termination of their services, which were allowed on 30.11.1999/30.5.2000 with the following directions: -
"(i) It is hereby directed that all certificate, degree or diploma claimed to be equivalent to B.S.T.C. and acquired prior to 15.5.1997 are liable to be considered for grant of appointment to the post of Teacher Grade III in accordance with the advertisement issued in June, 1998. (ii) The respondents are directed to reconsider the entire recruitment process after giving consideration to the persons not considered for the above reasons and prepare a fresh list of merit and if they so desire issue fresh appointments in accordance with the list so prepared. (iii) All the notices terminating the services of such Teachers for holding such certificate, diploma or degree for such institutions covered by Section 17(4) of the Act or whose certificate, diploma or degree could not be verified by the State are hereby quashed. It is further directed that the State shall always have the right to investigate into each and individual certificate diploma or degree so tendered for consideration and it have the right to terminate the services of such individuals whose degrees, diploma, or certificates are found to be either fraudulent or not in conformity with the direction at one above and terminate the services for such reasons. If in pursuance to the notices hereinbefore quashed consequential terminations have been factually effected, the same are also hereby quashed and the persons so terminated are directed to be reinstated. There will be no order as to costs."
Pursuant to the orders passed by the Court, the termination orders were revoked and the petitioners were issued appointments on 20.12.2000, however, the petitioners and their likes were not assigned seniority from the dates of their initial appointment. They were treated to be re -appointed and not reinstated in service.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.