The main legal point established in the judgment is that without the minimum qualification, an employee has no right to continue in public employment, even if the employee was not at fault for obtaining the qualification from a non-existent institute.

ORDER

Anil Kshetarpal, J. - Through this writ petition, filed under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ in the nature of certiorari to quash the order dated 17.03.2021 vide which the petitioner has been removed from service. The question which arises for consideration is 'whether the petitioner, who got employment on the post of ETT Teacher on the strength of Junior Basic Training (JBT) from Bihar Pradesh Shiksha Parishad, Shripalpur, can be permitted to continue when it is established that the institute itself does not exist?

2. The petitioner on being appointed as an ETT Teacher joined on 29.12.2006. She claims that she has completed two years Diploma in Elementary Education from Bihar Pradesh Shiksha Parishad, Shripalpur, through Oxford College, situated in Jalandhar. In 2020, the petitioner was issued a chargesheet under Rule 5 (V-IX) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, (in short 'the Rules') alleging that he does not possess the requisite qualification as the Bihar Pradesh Shiksha Parishad, Shripalpur, does not even exist. The petitioner filed a reply and thereafter, the Principal, Government Senior Secondary School, Mahilwali, was appointed as the inquiry officer, who after holding an inquiry, submitted a report against the petitioner. The petitioner was granted personal hearing on 26.02.2021. Subsequently, again various opportunities of hearing were granted to the petitioner.

3. After finding that the petitioner does not possess the necessary qualification for the post, her services have been terminated in the exercise of powers conferred under Rule 8 read with Rule 5 (V to VIII) of the Rules.

4. Learned counsel for the petitioner contends that the petitioner has a record of unblemished service of 14 years to her credit. She further contends that the petitioner had got admission in Oxford College, which claimed that it has an arrangement with the Bihar Pradesh Shiksha Parishad, Shripalpur and offered her two years Diploma in Elementary Education. The petitioner got admission bonafidely believing the same and completed her course and on the basis of the aforesaid educational qualification, the petitioner applied and was appointed on the post. She, hence, submits that it will not be appropriate for the respondents to terminate the services of the petitioner. In support thereof, she relies upon the order passed in Pafna v. Home-cum-Education Secretary, Chandigarh and another, CWP-8218-CAT of 2013, decided on 18.11.2013. She further draws the attention of the Court to the subsequent order passed in the case of Home-cum-Education Secretary, Chandigarh and another v. Pafna and another, CWP No.2986 of 2015, decided on 28.04.2016. She also relies upon the judgment passed in Santosh Yadav v. State of Haryana, (1996) 9 SCC 320 and in Omparkash and another v. State of Haryana and others, CWP No. 17441 of 2001, decided on 04.03.2008.

5. This Bench has heard the learned counsel for the petitioner at length and with her able assistance, perused the paper book.

6. It is not in dispute that the petitioner claims that she passed her two years Diploma in Elementary Education from the Bihar Pradesh Shiksha Parishad, Shripalpur. There is also no dispute that the aforesaid institute does not even exist. While deciding CWP No. 16766 of 2011 (Tejinder Singh v. State of Punjab) on 20.01.2014, this Court on verification found that the Bihar Pradesh Shiksha Parishad, Shripalpur, itself, is not in existence. The observation made by the Court is as under:-

"On 5.11.2012, as the petitioner furnished correct address of the institute, this court directed for verification of the certificates once again. In pursuance thereof, again a team of officers headed by Vijay Sharma, Additional State Project Director (Co-ordination) went to Patna to verify the existence of the Bihar Pradesh Shiksha Parishad. Again it was found that there was no such institute in existence. It was even confi