Kuldip Singh, Judge.

1. This appeal has been directed against judgement dated 15.10.2009 passed by learned Single Judge in CWP(T) No. 8670 of 2008 whereby the learned Single Judge has dismissed the petition filed by the appellant as pre-mature.

2. The facts in brief are that petitioner was appointed as Assistant Sub Inspector on 29.10.1993 against 1% quota reserved for sportsman. The Commandant, India Reserve Battalion, Bessal on 3.2.1997 informed the appellant that since the education qualification required for direct recruitment as Assistant Sub Inspector of Police was graduate and the applicant had produced B.A. certificate issued by Varanasaya Vishv Vidyayala, Varanasi, which has been declared as fake University by U.G.C., as such the appellant had acquired appointment fraudulently and he should explain as to why he should not be immediately discharged from service for not possessing requisite education qualification. The appellant filed the reply. A regular inquiry was instituted against the appellant vide order dated 25.3.1997. The appellant was supplied with the substance of imputation of misconduct on 8.4.1997, which was replied by the appellant on 15.4.1997. The regular charge-sheet was issued to the appellant on 16.8.1997. The Inquiry Officer was appointed, who submitted his report, thereupon show cause notice dated 25.5.1998 was issued to appellant, which was assailed by the appellant before H.P. Administrative Tribunal alongwith inquiry report. A prayer was also made in the Original Application that in case the respondent-department issues any order pursuant to which appellant is thrown out of the job, in that event such order may also be quashed and set-aside and the applicant may be directed to be reinstated in service with all consequential benefits.

3. The Original Application was contested by the respondents by filing reply in which preliminary objection was taken that the appellant had not exhausted the departmental channel and the Original Application is pre-mature. On merits, it was contended that appellant had passed his B.A. from Varanasaya Sanskrit Vishv Vidyayala, which has been declared as fake University by U.G.C. Thus the degree obtained by the appellant is not equivalent to B.A. of H.P. University. It has been submitted that minimum qualification for recruitment as Assistant Sub Inspector was B.A. in the year 1993. The validity of the degree submitted by the appellant was got verified by the department and same was found to be obtained from a fake University. The respondents ultimately prayed for dismissal of Original Application.

4. The H.P. Administrative Tribunal was abolished and the cases of erstwhile Tribunal were transferred to this court. A learned Single Judge after hearing the learned counsel for the parties dismissed the petition on 15.10.2009 holding it to be pre-mature. In this way the matter has come in appeal.

5. We have heard the learned counsel for the parties and have gone through the record. The learned counsel for the appellant has submitted that learned Single Judge has erred in holding that petition filed by the appellant was pre-mature. It has been submitted on behalf of the appellant that no material fact was concealed by the appellant when he applied to Director General of Police vide Annexure A-1 dated 24.8.2009 requesting therein to consider him for the post of Inspector or Assistant Sub Inspector or any eligible post on the basis of sportsman quota. It was for the employer to check the documents submitted by the appellant for considering his case for employment. A submission has been made that in fact the documents were checked by the department and after satisfying, the department had given offer of appointment to the appellant. It has been submitted that even if University from where the appellant had done his B.A. is not a genuine University in that case also nothing has been imputed to the appellant that he has any hand for the establishment of fake Univers

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