Provisional employee submitting forged qualification certificate not entitled to Article 311 protection; termination without full inquiry valid upon verification confirming forgery.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsels for the parties.

2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs:

(a) For quashing the order dated 09.01.2017 (Anexure-9) passed by the District Superintendent Of Education, Dhanbad by which the Petitioner who had been working as Assistant Teacher, Primary School, Chitladanga has been show caused and has been later on terminated from her service on the ground of submitting the invalid Τ.Ε.Τ Certificate (Teacher Eligibility Test) which is alleged not to have actually been issued by Jharkhand Academic Council.

(b) For issuance of writ in the nature of mandamus commanding upon the respondents for payment of salary for the period from 23.12.2015 to 09.01.2017 to the Petitioner as she continued working over there for the aforesaid period as it is also recorded in her attendance register although she has never been communicated personally about her removal from this service by the Respondents.

(c) For direction upon the respondent to reinstate her in service after quashing of the removal order.

3. The brief facts of the case are that an advertisement bearing Advertisement No. 10/2015 was published seeking application from T.E.T passed Applicants for the appointment on the post of Assistant Teachers in Government School. The petitioner, having passed matriculation from Bihar School Examination Board in the year 2007, intermediate in Science from the Bihar School Examination Board in the year 2009 and Primary Teacher Exam in the year 2012, was appointed on the post of Assistant Teacher by District Superintendent of Education, Dhanbad and was deputed in the Middle School, Khas Nirsa vide order dated 26.12.2015 issued by Block Education Extension Officer, Nirsa-1-Cum-co-coordinator, Block Resources Centre, Nirsa.

4. Thereafter, the petitioner was sent for seven days residential Training from 07.01.2016 to 13.01.2016 under the Jharkhand Education Project at Block Resources Centre, Nirsa vide office order dated 06.01.2016. The petitioner was posted from Middle School, Khas Nirsa to Primary School, Chitaldanga, Nirsa-3 on 04.03.2016; accordingly, she submitted her joining to the Principal Primary School, Chitaldanga and the assent was granted. After some time, the Petitioner was again sent for five days non-residential training from 21.11.2016 to 25.11.2016 vide order dated 20.11.2016 issued by the BEEO.

5. All of a sudden, a show-cause containing name of few teachers including the petitioner’s name figuring at Sl. No.1 was issued on 09.01.2017, by the District Superintendent of Education, Dhanbad with an allegation therein that the Teacher Eligibility Test certificate furnished by her has not been issued by Jharkhand Academic Council and it is invalid and non-furnishing of reply within one week would lead to termination from service. Thereafter, the petitioner was removed from service and the salary from 23.12.2015 to 09.01.2017 was withheld.

6. A counter affidavit has been filed where the State has taken the stand that the Teacher’s Eligibility Test Certificate of the petitioner and some other employees were sent for verification on 28.01.2016 and JAC replied back on 29.11.2016 stating that the certificates that the candidates sent including that of the petitioner had not been issued by JAC. Thereafter, the petitioner was dismissed on 08.02.2017 on the basis of the findings of the Jharkhand Academic Council.

7. It has been contende