Vikram Singh Negi vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(UK) 607

MANOJ KUMAR TIWARI
Vikram Singh Negi – Appellant
Versus
State of Uttarakhand – Respondent

Advocates Appeared:
For the Petitioner: Mr. Alok Mahra, Mr. Niranjan Bhatt, Mr. Vinay Kumar, Mr. Anil Anthwal, Mr. D.K. Bankoti, Mr. Lalit Samant, Mr. S.S. Yadav, Mr. Mahendra Singh Rawat, Mr. Susheel Kumar, Mr. Anand Singh Mer, Advs.
For the Respondents: Mr. C.S. Rawat, Chief Standing Counsel, Mr. Pradeep Hariya, Mr. Gajendra Tripathi, Mr. Narain Dutt, Mr. Atul Bahuguna, Mr. J.S. Bisht, Standing Counsel and Mr. Devesh Ghildiyal and Mr. R.C. Joshi, Brief Holder, Mrs. Mamta Bisht, Mr. Shivanand Bhatt, Mr. Anil Kumar Dabral and Mr. Vikas Pande, Advs.

JUDGMENT :

(Manoj Kumar Tiwari, J.)

Petitioners in these writ petitions were appointed as Teacher in different Government Primary Schools and Government High Schools. Their services were terminated on the ground that they are not qualified for such appointment and the Certificate/Degree produced by them were found to be forged. Petitioners have challenged the termination order passed against them, in these writ petitions.

2. Allegation against petitioners in Writ Petition (S/S) No.514 of 2021 and Writ Petition (S/S) No.1312 of 2021 is that they secured appointment against a post reserved for Scheduled Caste; although, they do not belong to Scheduled Caste and the caste certificate produced by them for securing appointment was found to be fake.

3. Since common questions of law and fact are involved in these writ petitions, therefore they were heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (S/S) No.254 of 2023 alone are being considered and discussed.

4. Vikram Singh Negi, who was appointed as Assistant Teacher, Government Primary School, in Rudraprayag in 2005, has filed Writ Petition (S/S) No.254 of 2023, seekin