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2020 Supreme(All) 1035
IN THE HIGH COURT OF ALLAHABAD
J.J. Munir, J.
Devendra Singh – Petitioner
Versus
State Of U.P. and Others – Respondents
Writ -A No. - 10185 of 2020
Decided On : 15-12-2020
Advocate Appeared:
For the Petitioner: Ravi Pratap Singh
Point of Law: T.E.T. certificate for the examination of 2011 that he submitted is on record at page number 44 of the paper book. It is the said certificate that is required to be verified from the original records of the board.
Headnote:
Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and others Employees) Act, 1971 - Uttar Pradesh Intermediate Education Act, 1921 – Employyment and Service matter - Teachers Eligibility Test Certificate - Recognized and aided institution – Post of an Assistant Teacher – Qualification – Selection Process - No doubt if a duly appointed employee’s services that are governed by a statutory tenure are to be terminated on ground of misconduct, disciplinary proceedings, in accordance with law, are a sine quanon - But, it may not be so in a case where the employment is secured through utter fraud,
Facts of the case: Inter College is a recognized and aided institution, teaching scholars from Class I to Class XII - Institution is governed by provisions of Act, 1921 and Regulations framed there under - Institution is in receipt of a permanent grant-in-aid from State Government - Salaries to its teachers and other employees are paid out of State fund under Act, 1971- There is no issue about fact that teachers working against sanctioned posts in attached primary section of institution also receive their salaries from State Exchequer, under Act of 1971 - Complaint against petitioner by Hon’ble Member, Legislative Assembly from Rudhauli, Basti to Joint Director of Education, saying that four candidates appointed to attached primary section of institution did not possess requisite U.P. T.E.T. (Primary Level) qualification, essential for a valid appointment - Hon’ble Member, Legislative Assembly pointed out that one Chandrakesh Pratap Singh had repeatedly complained in matter, but no inquiry into the validity of appointments had been made.
Findings of the court: It is well known that fraud vitiates all solemn transaction. Any transaction that is the result of a fraud is a nullity. Fraud is required to be undone, wherever and whenever it is found. This is not to be misunderstood and mistaken by the Authorities as a licence to label any irregularity or illegality as fraud and then short-circuit the procedure prescribed by law to support a particular action - Present case, however, is definitely a case where petitioner cannot claim that he ought to be proceeded with against in disciplinary proceedings - His is a case where it can safely be said that he was never validly appointed; his appointment is a nullity - It has rightly been undone - Also under circumstances, petitioner has been afforded sufficient opportunity. Before this Court, whatever ripples had been created by falsehood and confounding numericals to capitalize on fraud, have been laid open and bare to sunshine of truth by Mr. Neeraj Kushwaha’s punctilious examination of Board’s record, which he has scripted in his report with commendable clarity.
Result: Writ petition dismissed.
JUDGMENT :
1. The petitioner, Devendra Singh has impugned the orders dated 02.11.2019, 15.11.2019 and 31.07.2020, all passed by the District Inspector of Schools, Basti, which, in effect, put an end to his services as an Assistant Teacher (Trained) in the attached Primary Section of Sri Desh Raj Narang Dayanand Inter College, Walterganj, Basti.
2. The impugned orders have come to be made in the background of facts and circumstances hereinafter detailed : Sri Desh Raj Narang Dayanand Inter College, Walterganj, Basti is a recognized and aided institution, teaching scholars from Class I to Class XII. The institution is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 and the Regulations framed there under. The institution aforesaid (for short, ‘the institution’) is in receipt of a permanent grant-in-aid from the State Government. Salaries to its teachers and other employees are paid out of State fund under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and others Employees) Act, 1971 (for short, ‘Act of 1971’). There is no issue about the fact that the teachers working against sanctioned posts in the attached primary section of the institution also receive their salaries from the State Exchequer, under the Act of 1971.
3. There were five sanctioned posts of Assistant Teachers in the attached primary section of the institution. Shorn of unnecessary detail, all these posts fell vacant at the relevant point of time and were advertised by the Committee of Management of the institution, after necessary permission granted for the purpose by the District Inspector of Schools, Basti by his order dated 24.07.2014. There is hardly any cavil about the validating of the selection process through which the petitioner, and the four other selectees alongside him, came to be appointed to the five posts of assistant teachers in the primary section of the institution.
4. What figures as a prominent step in the process of the petitioner’s appointment is an order dated 20.08.2014, by which financial approval was granted to his appointment, besides the four other assistant teachers, about whom there is no issue here. Post approval of the petitioner’s recruitment by the District Inspector of Schools, the Manager of the institution issued a letter of appointment in favour of the petitioner, also on 20.08.2014. The petitioner joined service on 21.08.2014. There is also no dispute inter partes that the petitioner, after joining with the institution as an Assistant Teacher, discharged his duties all through.
5. It appears that a complaint dated 14.04.2019 was laid against the petitioner by Mr. Sanjay Pratap Jaiswal, the Hon’ble Member, Legislative Assembly from Rudhauli, Basti to the Joint Director of Education, Basti Region, Basti, saying that four candidates appointed to the attached primary section of the institution did not possess the requisite U.P. T.E.T. (Primary Level) qualification, essential for a valid appointment. The Hon’ble Member, Legislative Assembly pointed out that one Chandrakesh Pratap Singh had repeatedly complained in the matter, but no inquiry into the validity of appointments had been made.
6. The Joint Director of Education took cognizance of the M.L.A.’s complaint. He appointed the Finance and Accounts Officer to ascertain the truth of the allegations carried in the complaint. The Inquiry Officer appointed by the Joint Director of Education, submitted a report dated 22.07.2019 to the Joint Director. It appears that the Inquiry Officer found substance in the M.L.A.’s complaint against the petitioner as well as the other teachers, about whom there is no issue here. The Joint Director of Education, considering the fact that the validity of the petitioner’s qualifications was seriously in doubt, but at the same time, the inquiry before him was no more than a preliminary inquiry, directed that all testimonials relating to the petitioner -educational, vocational and o
