SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(Raj) 390

Rajasthan High Court
Honble B.J. SHETHNA, J.
Jalore District Teachers Association, Jalore - Appellant
Versus
State of Rajasthan and Others - Respondents
S.B. Civil Writ Petition No. 6785 of 1997
Decided On : May 08, 1997

Advocates Appeared:
P.P. Choudhary, for Petitioner Vijay Bishnoi, for Respondents

Headnote:Service Law – Allegation of submitting forged decrees and obtaining appointments – Petitioner Jalore District Teachers Association filed this writ – Preliminary objections taken – Firstly the petitioner is not a registered body and secondly there are more than one impugned orders which are to be challenged through sepeprate writs – Full Bench decision has laid down certain conditions for the maintainability of such writs – The mandate has not geen followed – Held – Writ disallowed without expressing any thing on the merits of the case. (Para 5 to 7)

       

Honble SHETHNA, J. – The petitioner Jalore District TeachersAssociation, an association of Teachers, has filed this petition through its Secretary Shri Poonam Chand Bishnoi and prayed that the order of termination of the service of the scheduled candidates may be treated as null and void and the same may be set aside and it may be declared that the scheduled candidates mentioned in Schedule -A attached to the petition are treated as continue in service and the impugned orders at Annexures 10 and 11 be quashed and set aside. Schedule-A is the list of 40 members of the association. In Schedule-B appointment order/joining dates and the working in different Panchayat Samitis by the members of the association are mentioned.

(2). According to the respondents it is a gross case of fraud played with them by the members of the association. It is the case of the respondent that Varanasi Sanskrit University was established in the year 1958 under the Act of U.P. State. Later on, its name was changed by a notification dated 11.12.74 as Sampurnanand Sanskrit Vishvha Vidhyalaya, Varanasi. Thus, since 1974 Varanasi Sanskrit Univer- sity existence remained no more. It is the case of the respondents that the petitioners produced forged degrees of Varanasi Sanskrit University and obtained service. Under the circumstances by a circular dated 14.2.91, the State Government cancelled the recognition of the degrees obtained from Varanasi Sanskrit University w.e.f. 1974 and ordered that no appointment should be made in the Government service on such degree obtained from the said University. It was orally pointed out by Shri Bishnoi, learned counsel appearing for the respondents, that even University Grants Commission (UGC) also declared Varanasi Sanskrit University as a fake University along with other Universities on June 26, 1991. It was also pointed out that this Court (quorum A.K. Mathur, J.) (as he then was) in SB Civil Writ Petition No. 379/91 has held that the said University was a fake one. It was also pointed by Mr. Bishnoi that Annexure P.10, circular dated 14.2.91, came to be issued by the State Government as per the order passed by the Jaipur Bench of this Court in S.B. Civil Writ Petition No. 3709/89 as mentioned in circular itself. Thereafter, in respect of the scheduled candidates of Raniwara Panchayat Samiti, an order was passed on 11.12.92 (Annex. P. 11) by the respondents in pursuance to the order issued by the Chief Executive Officer, terminating the services on the basis that B.Ed. degree possessed by the Scheduled candidates was not recognised. Similar orders may also be passed against other scheduled candidates.

(3). Learned counsel Shri Bishnoi for the respondents submitted that the mem- bers of the petitioner association were having forged degrees of a fake University, which was not in existence since 1974, therefore, this petition should be dismissed on merits. He also raised preliminary objections regarding the maintainability of this writ petition on two grounds, (i) that the petitioner association, is an unregistered association, therefore, it has no locus standi to file this writ petition. Hence, at the instance of the petitioner association, this writ petition is not maintainable; (ii) there are about 40 members of the association and different orders were passed, therefore, they were required to file separate petitions, hence, this joint writ petition is not maintainable.

(4). Mr. Choudhary, learned counsel for the petitioner submitted that the Uni- versity was recognised and approved by the respondents themselves later on. Therefore, on merits, the submission made by Mr. Bishnoi cannot be accepted. On preliminary objection, he submitted that this petition was admitted after issuing notice to the other side by this Court in spite of this, this objection has been raised in the reply affidavit, therefore, now this court cannot throw away the petition on this ground. He submitted that once the petition is admitted, this Court














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top