Hon’ble Surya Prakash Kesarwani, J.—Heard Sri V.K. Singh, learned counsel for the petitioner in Writ-A No. 47955 of 2012, Sri R.K. Ojha, learned Senior Counsel assisted by Sri Santosh Kumar Srivastava in Writ-A No. 36498 of 2012 for the petitioner, Committee of Management, B.J. Junior High School, Dadri, Panchsheel Nagar, Sri S.P. Singh, learned counsel for the petitioner in Writ-A No. 37746 of 2012 and Writ-A No. 38867 of 2012, Sri Mohan Srivastava, learned Standing Counsel for the State-respondents and Sri Shivam Yadav, learned counsel for the concerned District Basic Education Officer.

2. All these writ petitions involve challenge the common order dated 20.6.2012 and as such all these writ petition are being heard together.

3. Writ-A No. 47955 of 2012, Writ-A No. 37746 of 2012 and Writ-A No. 38867 of 2012 have been filed by three assistant teachers to challenge the impugned order dated 20.6.2012, whereby their appointments have been disapproved/cancelled and the recovery of 50% of the salary received by them has been directed to be made from them. Writ-A No. 36498 of 2012 has been filed by the Committee of Management, Braham Junior High School, Dadri, district Meerut,through its manager challenging the impugned order, whereby 50% of the salary received by illegally and fraudulently appointed assistant teachers and other employees has been ordered to be recovered from the manager of the institution.

Submissions on behalf of Petitioners

Writ-A No. 47955 of 2012

4. Sri V.K. Singh, learned counsel for the petitioner submits that no infirmity in the appointment of the petitioner, Vivek Kumar Garg was found except the allegation that in the MR his B.Ed. degree was shown from Chaudhary Charan Singh University, Meerut, although, he obtained B.Ed. degree from Lucknow University in the year 2000. The approval of appointment of the petitioner was granted by the Assistant Director of Education (Basic), Meerut Division, Meerut vide order dated 21.2.2007 w.e.f. 15.5.2004. Thus, much prior to his appointment, the petitioner was having a valid B.Ed. degree from Lucknow University and as such there was no occasion for the petitioner to submit a B.Ed. degree of Chaudhary Charan Singh University, Meerut. He submits that the petitioner has never submitted any such B.Ed. degree of Chaudhary Charan Singh University, Meerut nor there can be any reason for submitting such a degree rather the entire manipulation was the result of mischievous act of the Manager of the Committee of Management. In verification the B.Ed. degree of the petitioner was found valid and effective. No material could be placed on record which may even remotely indicate any illegality in the appointment of the petitioner.

5. The appointment of the petitioner was approved by the District Basic Education Officer, Meerut by letter dated 15.5.2004. At that time the institution in question was not on Government grant in aid list. At the time of obtaining appointment, the petitioner was possessing B.Sc. and M.A. degree of Meerut University obtained in the year 1995 and 1997 respectively. He obtained B.Ed. degree from Lucknow University in the year 2000. It was alleged by the petitioner that the Manager of the Committee of Management took all the original certificates and degrees of the petitioner at the time of giving appointment letter on the pretext that he wants it for verification and thereafter despite being asked repeatedly, the certificates and degrees were not returned by him.

6. No evidence could be brought on record either by the committee of management or by the authority, who passed the impugned order that the appointment of the petitioner suffers from any illegality, which may render the appointment to be void-abinitio. Under the circumstances, the impugned order in so far as it relates to the petitioner Vivek Kumar Garg, deserves to be quashed.

Writ-A No. 3