TARA CHAND MANTH Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-2-268
HIGH COURT OF RAJASTHAN
Decided on February 03,2015

Tara Chand Manth Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

Jaishree Thakur, J. - (1.) THE present writ petition has been filed under Article 226 of the Constitution of India challenging the impugned order dated 17.1.1998 by which the services of the petitioner were terminated.
(2.) THE petitioner applied for the post of Teacher Grade -III in response to an advertisement issued by the District Establishment Committee, Zila Parishad, Dungarpur. Along with the application form, the petitioner submitted the following documents: - "(1) the certificate of Secondary School Examination and the marks -sheet issued by the Board of Secondary Education, Rajasthan, Ajmer. (2) the Certificate of P.U.C. issued by the Rajasthan University, Jaipur (3) P.U.C. Marks sheet issued by the Rajasthan University, Jaipur. (4) B.Com. Marks sheet issued by the Rajasthan University, Jaipur. (5) B.Ed. Marks sheet issued by Maharshi Dayanand University, Rohtak. (6) Employment Registration Card issued by the Employment Exchange, Jhunjhunu and (7) School Leaving Certificate issued by the Seth G.V. Poddar College, Nawalgarh." After scrutiny of the application form and documents annexed along with, the petitioner was called for an interview. At the time of interview, the petitioner was also asked to submit an affidavit in support of the documents submitted along with the application form. The said affidavit was duly submitted by the petitioner. On the basis of the recommendation of the Selection Committee, the petitioner was appointed on 24.7.1995 to the post of Teacher Grade -III. Thereafter, the petitioner received a notice dated 24.7.1997 issued by the Chief Executive Officer -cum -Secretary, Zila Parishad, Dungarpur calling upon him to bring the original documents of N.C.C. 'C' -Certificate. A reply was filed to the said notice by the petitioner stating that he had never undergone or qualified the N.C.C. training for 'C' -Certificate and that he had not submitted the said certificate at the time of submission of documents. Though the petitioner replied to the said notice, the services of the petitioner were terminated by the impugned order dated 17.1.1998. Aggrieved against the said order of termination, the present writ petition has been filed.
(3.) NOTICE was issued returnable within four weeks. By the same order, the respondents were restrained from interfering in the functioning of the petitioner as Teacher Grade -III pursuant to the impugned order dated 17.1.1998. Despite service, no one put in appearance for the respondents and on 12.10.1998 the interim stay granted was made absolute.;


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