IMPORTANT POINT
A candidate's employment cannot be terminated based on allegations of overlapping degrees unless those degrees are declared null and void by the competent educational authority.

JUDGMENT :

ANISH KUMAR GUPTA, J.

1. Heard Mr. Manvendra Singh, learned counsel for the appellant, Mr. Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondent, Mr. Siddharth Khare, learned counsel appearing for the contesting-respondent and perused the record.

Order on Delay Condonation Application

2. Delay in filling the present appeal has been explained to the satisfaction of the Court. Learned counsel for the respondent has no objection if the delay condonation application is allowed. Accordingly delay in filing the appeal is condoned.

3. The delay condonation application stands allowed.

Order on Appeal

4. The instant special appeal has been preferred against the judgment and order dated 10.04.2023, passed by the learned Single Judge in Writ Appeal No. 1111 of 2023 (Laxmi Shakya vs. State of Uttar Pradesh and Others) whereby the learned Single Judge has allowed the writ petition and set-aside the order dated 31.12.2022, passed by the District Basic Education Officer, Mainpuri, whereby the services of the respondent no. 1/petitioner, Laxmi Shakya, were terminated on the ground that the petitioner has obtained the certificate of High School and Intermediate, twice and has also obtained overlapping degrees of B.A, B.Sc. and also the overlapping degree of B.T.C. and M.Sc.

5. The brief facts of the case are that the State Government has notified the vacancies for recruitment on the post of Assistant Teacher in the year, 2018, known as “Assistant Teacher Recruitment Examination, 2018.” The petitioner/respondent no. 1 having possessed the requisite qualifications, participated in the examination and qualified the same. In terms of the said qualifications, on passing of the said examination the petitioner was issued an appointment letter dated 05.09.2018. On the basis of the aforesaid appointment letter dated 05.09.2018, she has joined Prathmik Vidyalaya, Nagla Ahir Block Kisni, District Mainpuri on the post of Assistant Teacher on 07.09.2018 and was discharging her duties. In the meantime, the petitioner/respondent was married to one Sandeep Kumar s/o Sughar Singh. When her matrimonial relationship with Sandeep Kumar became strained, Sughar Singh, the father of Sandeep Kumar and father-in-law of the petitioner/respondent no. 1, made an online complaint on Jansunwayi Portal (IGRS) on 31.07.2021 alleging therein that the petitioner has obtained the certificates and passed the High School, Intermediate examination twice on the overlapping years and she has also obtained the overlapping degrees of B.A./B.Sc. It is also alleged that she had also completed the degree of M.Sc. and B.T.C. simultaneously. On such complaint being made the District Basic Education Officer had issued a notice dated 13.08.2021 to the petitioner/respondent no. 1. Thereafter, another notice was issued on 01.10.2021 by the District Basic Education Officer, Mainpuri and by the said notice, payment of salary to the petitioner was stopped. The petitioner/respondent has submitted her reply to the aforesaid notice dated 01.10.2021 on 18.10.2021.

6. Relying upon the judgment of Kuldeep Kumar Pathak Vs. State of Uttar Pradesh & others, (2016) 3 SCC 521 and the another judgment of this Court in passed in Special Appeal Defective No. 898 of 2020 (Board of Basic Education and Another vs. Arvind Prakash Dwivedi and 2 Others), the said notice dated 01.10.2021 was challenged by the petitioner/respondent in Writ Appeal No. 18268 of 2021 (Laxmi Shakya Vs. State of Uttar Pradesh and others). The said writ petition was disposed of vide order dated 17.12.2021 directing the District Basic Education Officer, Mainpuri to take a decision in the matter most expeditiously and preferably within a period of two weeks from the date of production of a certified copy of the order. Thereupon, on 23.12.2021, the petitioner/respondent submitted a copy of the order dated 17.12.2021 alongwith her reply and claimed to set-aside the notice dated 01.10.2021 and to restore her salary