Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(All) 720

IN THE HIGH COURT OF ALLAHABAD
SURYA PRAKASH KESARWANI, J.
Smt. Neelam Chauhan – Appellant
Versus
State Of U.P. And Others – Respondent
Writ A. Nos. 190 of 2020, 52442, 56234, 56739, 56881, 58784, 58870, 58917, 60007, 60014, 60023, 60026, 60031, 60044, 60188, 60193, 60202, 60206, 60693, 60735, 60748, 61118, 61270, 62110, 62133, 62278, 62881, 62894, 62902, 62925, 62951, 62979, 62982, 62983 of 2017, 2306, 2858, 3070, 4694, 4994, 5214, 5225, 5928, 6495, 6982, 7006, 7421, 7519, 9028, 10288, 10412, 11446, 11466, 11488, 11493, 11597, 14557, 14640, 15287, 15524, 15533, 16971, 19414 of 2018, 9952, 9954, 9955, 9956, 10001, 10007, 10184, 10201, 10203, 10204, 10208, 10218, 10284, 10286, 10287, 10291, 10296, 10304, 10307, 10308, 10309, 10311, 10313, 10314, 10315, 10316, 10367, 10368, 10443, 10449, 10466, 10520, 10559, 10560, 10596, 10721, 10735, 10754, 10760, 10784, 10787, 10790, 10792, 10877, 10879, 11070, 11076, 11082, 11092, 11100, 11128, 11287, 11389, 11391, 11392, 11396, 11399, 11403, 11405, 11411, 11414, 11416, 12454, 12464, 12479, 12494, 12501, 12509, 12512, 12531, 12564, 12655, 12661, 12662, 12725, 12792, 12963, 12965, 13002, 13013, 13060, 13099, 13131, 13343, 13619, 13621, 13785, 13795, 13845, 13855, 13857, 13859, 13861, 13862, 13865, 13899, 13902, 13905, 13906, 13907, 13909, 13910, 13911, 13913, 13918, 13919, 13920, 13921, 13922, 13923, 13937, 13947, 13950, 13957, 13962, 13968, 13972, 13983, 13986, 13994, 14001, 14019, 14024, 14042, 14052, 14058, 14071, 14078, 14097, 14106, 14107, 14111, 14119, 14121, 14125, 14126, 14160, 14164, 14170, 14178, 14184, 14232, 14256, 14258, 14260, 14261, 14264, 14292, 14295, 14299, 14304, 14328, 14333, 14343, 14346, 14375, 14377, 14380, 14386, 14387, 14388, 14389, 14390, 14391, 14392, 14394, 14412, 14431, 14468, 14473, 14536, 14540, 14541, 14690, 14694, 15206, 15214, 15228, 15242, 15260, 15264, 15267, 15271, 15327, 15331, 15863, 16075, 16081, 16085, 16098, 16114, 16120, 16122, 16125, 16134, 16144, 16152, 16157, 16227, 16273, 16278, 16282, 16286, 16290, 16529, 16537, 16553, 16556, 16568, 16577, 16592, 16599, 16601, 16603, 16620, 16625, 16629, 16637, 16645, 16655, 16659, 16702, 16711, 16715, 16717, 16723, 16726, 16730, 16788, 16790, 16796, 16799, 16802, 16805, 16809, 16811, 16836, 16841, 16845, 16988, 16995, 17035, 17045, 17067, 17070, 17112, 17270, 17401, 17417, 17432, 17442, 17447, 17451, 17467, 17468, 17470, 17472, 17504, 17506, 17509, 17673, 17726, 17743, 17756, 17757, 17758, 17767, 17781, 17782, 17893, 17981, 18018, 18065, 18066, 18071, 18073, 18090, 18109, 18541, 18567, 18583, 18585, 18587, 18603, 18614, 18641, 18656, 18663, 18691, 18697, 18871, 18873, 18875, 19090, 19102, 19185, 19375, 19390, 19657, 19659, 19717, 19723, 19724, 19732,, 19737, 19742, 19748, 19749, 19753, 19766, 19768, 19769, 19810, 19826, 19858, 19859, 19863, 19867, 19868, 19871, 19873, 19874, 19875, 19878, 19901, 19903, 19912, 19918, 19924, 19928, 19929, 19931, 19932, 19934, 19936, 19939, 19941, 19955, 19957, 19960, 19967, 19977, 19981, 19983, 19984, 19986, 19989, 19991, 19993, 19994, 20001, 20025, 20028, 20031, 20034, 20035, 20036, 20037, 20038, 20039, 20041, 20042, 20043, 20044, 20045, 20046, 20047, 20052, 20056, 20063, 20065, 20068, 20101, 20103, 20106, 20110, 20112, 20116, 20117, 20119, 20120, 20133, 20140, 20144, 20147, 20150, 20154, 20155, 20165, 20176, 20181, 20184, 20185, 20186, 20187, 20189, 20190, 20191, 20193, 20195, 20198, 20202, 20206, 20207, 20210, 20213, 20219, 20226, 20228, 20230, 20231, 20232, 20265, 20276, 20285, 20290, 20298, 20301, 20306, 20307, 20308, 20311, 20312, 20315, 20317, 20318, 20319, 20321, 20322, 20323, 20325, 20374, 20375, 20376, 20377, 20378, 20379, 20382, 20384, 20385, 20388, 20390, 20392, 20393, 20394, 20395, 20397, 20399, 20405, 20591, 20593, 20594, 20596, 20597, 20599, 20600, 20603, 20607, 20610, 20613, 20617, 20703, 20711, 20715, 20717, 20723, 20781, 20784, 20788, 20826, 20831, 20834, 20835, 20838, 20842, 20902, 20905, 20993, 20994, 20998, 21001, 21003, 21008, 21053, 21151, 21154, 21170, 21172, 21181, 21224, 21238, 21247, 21251, 21256, 21259, 21261, 21267, 21273, 21279, 21457, 21526 of 2019, 76, 79, 82, 151, 226, 320, 367, 377, 390, 457, 467, 484, 485, 489, 507, 610, 618, 626, 627, 630, 633, 637, 638, 640, 646, 648, 655, 894, 939, 1593, 1691, 2124, 2125, 2128, 2177, 2340, 2363, 2382, 2383, 2392, 2395, 2398, 2603, 2706 and 3231 of 2020
Decided on : 29.04.2020

Advocates:
Advocate Appeared:
For the Appellant : Ram Jatan Yadav
For the Respondent: C.S.C., Ashok Kumar Yadav, Gagan Mehta

Point of law: In case of nullity, affording opportunity to the incumbent would be a mere formality and non-grant of opportunity may not vitiate the final decision of termination of his services

Headnote:
U.P. State Universities Act, 1973 – Degree – Fake or Tampered – Petitioners in this batch of writ petition are Assistant Teachers. – decision to cancel the degree has not been taken by the Court but by the Executive Council, who is not competent to initiate such process as the Court and Executive Council are two different authorities under the Act, 1973. Thus, the verification exercise undertaken by the Executive Council is without jurisdiction.
Facts of the case:
They obtained employment as Assistant Teachers on the basis of alleged B.Ed. Degree - 2005 shown to have been issued by Dr. Bhimrao Ambedkar University, Agra. Subsequently their degree/marksheets were found to be fake or tampered. Special Investigation Team (SIT) was constituted under the Orders of this Court in Writ Petition – The SIT submitted its report giving details of fake degrees/marksheets and tampered degrees/marksheet. – Thereafter, the District Basic Education Officers issued notices to the petitioners requiring them to show cause as to why their appointments be not cancelled on the ground of their B.Ed. Degrees/marksheets to be fake or tampered. – Thereafter the impugned orders cancelling the appointments of the petitioners were passed. –
Finding of the court:
Respondent - University has declared certain persons to be fake students after affording reasonable opportunity of hearing. – These petitioners have even failed to supply the essential informations and documents relating to their alleged B.Ed. Degrees. – With respect to remaining fake students and tampered marksheets, matters are still pending before the University. – Thus, the judgment relied is distinguishable on the facts of the present cases. – The judgment in the case of LIC of India and others (supra), is on entirely different set of facts and principles. – Judgment in the case of S.N. Mukherjee vs. Union of India, (1990) 4 SCC 594 relied by Sri Shashi Nandan, learned senior advocate, is with respect to the necessity of recording of reasons by an authority while exercising quasi judicial function. – In the present set of facts, notices were issued and all the persons who were classified as fake students, were required to submit certain informations and copies of certain essential papers relating to their alleged B.Ed. degrees, which were not submitted by them. – With respect to remaining persons who submitted reply, matters are pending decision before the respondent-University. – Judgment of Kerala High Court in Criminal Misc. Case relied by Sri Ashok Khare, relates to a criminal case. –
Result: Writ Petitions Disposed off

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Ashok Khare, Sri Shashinandan, Sri H.N. Singh, Sri R.K. Ojha, and Sri V.K. Singh, learned senior advocates along with their assisting counsels, Sri Prabhakar Awasthi, Sri Satyendra Chandra Tripathi, Sri Siddharth Khare, Sri Rohit Upadhyay, Sri Rakesh Kumar Singh, Sri Kailash Nath Singh, Sri Arvind Kumar Tiwari, Sri Vineet Kumar Singh, Sri K.M. Yadav, Sri Upendra Kumar, Sri Ajit Kumar, Sri Vinod Kumar Singh, Sri Man Bahadur Singh, Sri Rajeev Kumar and Sri Ram Jatan Yadav and other learned counsels for the petitioners, Sri Sanjay Kumar Singh, Sri Bhupendra Kumar Yadav, Sri Raghvendra Pratap Singh, Sri Sanjay Kumar Srivastava, Sri Vikram Bahadur Singh, Sri A.K. Yadav, Sri Yatindra, Sri Raghvendra Pratap Singh, Sri Shyam Krishna Gupta, Sri Pradeep Singh Sengar, Sri Pranesh Dutt Tripathi, Sri Suresh Kumar, Sri B.K. Yadav, Sri Sanjay Chaturvedi and Sri Shravan Kumar Pandey, learned counsels for the District Basic Education Officers and the U.P. Basic Education Board, Prayagraj, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri J.N. Maurya, CSC I and Sri R.P. Dubey, learned Additional Chief Standing counsel for the State respondents, and, Sri Ashok Mehta, learned senior advocate assisted by Sri Gagan Mehta, Sri M.N. Singh and Sri Avanish Tripathi, learned counsels for the respondent Dr. Bhimrao Ambedkar, University, Agra. Sri Akhilesh Chandra Misra, Advocate whose name is appearing in several writ petitions as counsel for the respondent University has not appeared.

2. This batch of writ petitions were heard at length on several days. Learned counsels for the petitioners have argued the matter on 12.02.2020, 13.02.2020, 14.02.2020, 18.02.2020, 20.02.2020, 24.02.2020 and 03.03.2020. Arguments on behalf of respondent University were heard on 25.02.2020 and 26.02.2020. Learned Additional Advocate General on behalf of State has also argued on 03.03.2020. In rejoinder submissions were made by learned counsels for the petitioners on 4.03.2020, 05.03.2020 and 06.03.2020. WRIT-A No.-190 of 2020 and WRIT-A No.-13785 of 2019 have been treated as leading writ petition in which the respondent University filed counter affidavits and supplementary counter affidavits but no rejoinder affidavits have been filed by the petitioners despite time granted on 10.02.2020 on request of Sri Ashok Khare, Sri H.N. Singh, Sri R.K. Ojha, learned senior advocates which fact is noted in the order dated 10.02.2020.

Facts

3. Petitioners in this batch of writ petition are Assistant Teachers. They obtained employment as Assistant Teachers on the basis of alleged B.Ed. Degree - 2005 shown to have been issued by Dr. Bhimrao Ambedkar University, Agra. Subsequently their degree/marksheets were found to be fake or tampered. Special Investigation Team (SIT) was constituted under the Orders of this Court in Writ Petition No.-2906 of 2013 (PIL) (Sunil Kumar Vs. Dr. Bhimrao Ambedkar University And Another). The SIT submitted its report dated 14.08.2017 giving details of fake degrees/marksheets and tampered degrees/marksheet. Thereafter, the District Basic Education Officers issued notices to the petitioners requiring them to show cause as to why their appointments be not cancelled on the ground of their B.Ed. Degrees/marksheets to be fake or tampered. Thereafter the impugned orders cancelling the appointments of the petitioners were passed.

4. Subsequently, the respondent Dr. Bhimrao Ambedkar University, Agra. Also issued notices to all the students having fake B.Ed. Degrees/marksheets and those having tampered degrees/marksheets. These notices dated 28.12.2019 were published on official website of the University as well as in several largely circulated daily news papers, including "Amar Ujala" (Hindi) and "Times of India" (English) on 29.12.2019.

5. The decision of the Executive Council of the respondent

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