- (1.) The present petition is directed against order of the ld.Central Administrative Tribunal dated 28.05.2014 passed in the Original Application No.806/2012.
(2.) After acquiring the Post Graduate degree in Chemistry from the University of Jammu in 1986. The petitioner was appointed on the post of Post Graduate Teacher (Chemistry) in K.V.S. Services on temporary post, as per the procedure for recruitment laid down u/Art.44 of the Education Code Edition, 1980 vide order dated 07.08.1987, pursuant to which she joined service on 22.08.1987. Her appointment was subject to certain terms and conditions, as indicated in the order of appointment dated 18.07.2012 (Annex.14), which reads ad infra:- "Her appointment was subject to following further conditions as mentioned in above said Memorandum dated 07/08/1987 :- (i) She would be placed 'On Trial' basis for a period of two years, which may be extended by one year if she is not able to acquire Teaching Degree within two years. (ii) During the period of Trial, Ms. Madhvi Sharma is required to complete the training degree either by joining regular course in a recognised teachers training institution or through summer-cum-correspondence course of the Regional College of Education. She will have to qualify the teachers training course in not more than two attempts, failing which she will not be eligible for being appointed in the service of the Kendriya Vidyalaya Sangathan on regular basis and will have no claim from KVS. During the period of training on a full time course at the training institution, she will not be entitled to any pay and allowances from the Sangathan and the period of her absence of proceeding on training in the training institution will be treated as extra ordinary leave. (iii) In the event of her completing the training course satisfactorily/acquiring requisite teaching experience, she will be appointed as a PGT(Chem) on regular basis. (iv) Her service may be terminated at any time during the period of Trial on one month's notice on either side without assigning any reasons therefor. The appointing authority however reserves the right to terminate her services before the expiry of the period of notice by making payment a sum equivalent to pay and allowances for the period of notice or unexpired portion thereof. In the event of her resigning at any time during the period of trial, the money at her credit in the Post Office Savings Bank Account on account of 10% deduction as mentioned above will be returned to her. (v) Her appointment will also be subject to other relevant terms and conditions of service as laid down in the Education Code for Kendriya Vidyalayas, as amended from time to time. She will be liable to transfer anywhere in India. This condition has already been accepted by the candidate."
(3.) The petitioner acquired B.Ed. degree from Varanaseya Sanskrit Vishwa Vidyalaya and on the basis of the B.Ed. degree acquired, her services were regularized vide order dated 27.02.1990 w.e.f. 15.01.1990 and she was appointed in substantive capacity w.e.f. 22.08.1989 vide order dated 19.09.1990 but indisputably her B.Ed. degree from Varanaseya Sanskrit Vishwa Vidyalaya was declared a fake University by the University Grants Commission and the letter issued from the KVS (Headquarters) dated 09.01.2003 intimating the details of teachers who were in possession of B.Ed. or equivalent degree of such educational Institute which have been declared as fake University by the University Grants Commission. The name of the petitioner figured at S.No.16 and accordingly decision was taken to initiate disciplinary action u/R.14 of the CCS (CCA) Rules, 1965 but taking a lenient view in the matter, the petitioner was asked to acquire B.Ed. qualification from a recognised University/ Institution within two years from 16.01.2004 vide Memorandum dated 16.01.2004 but despite an opportunity being afforded, the petitioner failed to acquire B.Ed. qualification and she was served with the charge sheet vide Memorandum dated 04.05.2006 for not obtaining B.Ed. qualification and Enquiry Officer was appointed who submitted his report on 02.02.2007 holding the charge proved against her with the findings ad infra :- "This charge has been proved and decision has been given ex parte decision. Reason being that if she has acquired the B.Ed. degree from a recognised university within 02 years w.e.f. 16.01.2004, then she should have brought it on record. Not bringing and not attending the inquiry itself shows that she has not to say anything in her defence as regard to this specific charge hence this charge is proved." ;