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IN THE HIGH COURT OF ALLAHABAD
SARAL SRIVASTAVA, J.
Tilak Singh And Others - Appellant
Versus
State of UP And Others - Respondent
WRIT-A No. 468 of 2020
Decided On : 20-01-2020
Petitioners who are 496 in numbers have preferred the present petition challenging the decision taken by the Executive Council, Dr. Bhim Rao Ambedkar University, Agra in its meeting held notice issued by the respondent-Dr. Bhim Rao Ambedkar University, Agra (hereinafter referred as 'University') on its official website and notice published in the newspapers – Held, In case after verification, the University disowns the degree of a candidate being fake, the University is not required to follow the procedure contemplated under the Act, 1973 for cancellation of degree/marks sheet. However, it is desirable in the interest of justice and fair play that the University in such cases should pass reasoned and speaking order giving the basis on which it has formed opinion that degree is fake and has not been issued by the University – In case University finds that the degree/marks sheet have been issued by it though tampered, in such an event, the University is expected to follow the procedure provided in the Act, 1973 and give a show cause notice to such candidate and thereafter, pass appropriate orders – Petition dismissed.
Facts of the Case:
Petitioners claim that they had taken admission in Bachelor of Education Course (hereinafter referred to as 'B.Ed.') in the University or its affiliated colleges for the academic session 2004-05. After successfully completing the course, each of the petitioners was issued marks sheet showing them as passed in the B.Ed. course. They were also issued degree. On the basis of marks sheet & degree in B.Ed., petitioners obtained appointment as Assistant Teachers in Junior High School/Senior Basic Schools run by Board of Basic Education in different districts of the State.
Finding of the Court:
In case after verification, the University disowns the degree of a candidate being fake, the University is not required to follow the procedure contemplated under the Act, 1973 for cancellation of degree/marks sheet. However, it is desirable in the interest of justice and fairplay that the University in such cases should pass reasoned and speaking order giving the basis on which it has formed opinion that degree is fake and has not been issued by the University.
(iii). In case University finds that the degree/marks sheet have been issued by it though tampered, in such an event, the University is expected to follow the procedure provided in the Act, 1973 and give a show cause notice to such candidate and thereafter, pass appropriate orders.
JUDGMENT :
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, counsel for the petitioners, Sri Gagan Mehta, learned counsel for respondent nos.3 & 4 and learned Standing Counsel for respondent nos.1, 2 & 5.
2. The petitioners who are 496 in numbers have preferred the present petition challenging the decision taken by the Executive Council, Dr. Bhim Rao Ambedkar University, Agra in its meeting held on 06.12.2019, notice dated 28.12.2019 issued by the respondent-Dr. Bhim Rao Ambedkar University, Agra (hereinafter referred as 'University') on its official website and notice published in the newspapers dated 29.12.2019.
3. All the petitioners claim that they had taken admission in Bachelor of Education Course (hereinafter referred to as 'B.Ed.') in the University or its affiliated colleges for the academic session 2004-05. After successfully completing the course, each of the petitioners was issued marks sheet showing them as passed in the B.Ed. course. They were also issued degree. On the basis of marks sheet & degree in B.Ed. , petitioners obtained appointment as Assistant Teachers in Junior High School/Senior Basic Schools run by Board of Basic Education in different districts of the State.
4. It transpires from the record that one Sunil Kumar has preferred a Writ Petition No.2906 of 2013 (Sunil Kumar Vs. Dr. Bhim Rao Ambedkar University and Others) praying for a direction to the University to correct marks sheet. In the said writ petition, this Court passed an order on 23.01.2014 directing the State Government to constitute Special Investigation Team as the Court found that fake mark-sheets were issued to the students with the connivance of the employees of the University and colleges affiliated to it.
5. Pursuant to the order passed by this Court in the aforesaid writ petition, a special investigation team (hereinafter referred to as 'SIT') was constituted to conduct an investigation as regards the malpractices committed in issuing the mark sheet to students who are alleged to have passed B.Ed. course in the session 2004-05 from the Universities and Colleges affiliated to the University. The said writ petition was later on converted into public interest litigation by orders of this Court dated 09.09.2015.
6. Upon investigation, the SIT team submitted report in August, 2017 which states that 3517 fake mark sheets and 1053 tampered mark sheets were distributed and these mark sheets have been adjusted in the tabulation chart. The SIT categorized the candidates in two list. One list of those candidates whose mark sheets are fake and the second list of those candidates whose marks sheet have been tampered. The Deputy Inspector General of Police, SIT by letter dated 11.07.2019 forwarded the aforesaid two list alongwith photo copy of tabulation chart to the University. He further requested the University by the said letter to verify the list of candidates from its record, and after identifying the candidates possessing fake and tampered degrees, it should proceed to cancel all such degrees as per procedure provided in the U.P. State Universities Act,1973 (hereinafter referred as 'Act, 1973'). The aforesaid letter was followed by the letter of Additional Chief Secretary dated 25.11.2019 addressed to the Vice Chancellor of the University making similar request to him.
7. Thereafter, the Executive Council of the University held an emergent meeting on 06.12.2019 and after considering the letter of the State Government dated 25.11.2019 took a decision to verify the list of fake/tampered candidates received from the Special Investigation Team and to invite objection against the same. The relevant extract of decision of the Executive Council is extracted hereinbelow:-
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