Termination of long-standing service based on alleged simultaneous academic qualifications is legally unsustainable without a formal disciplinary inquiry, particularly when no statutory prohibition exists against simultaneous study and there is no concrete proof of fraudulent submission of documents.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Ashok Khare, learned Senior Counsel assisted by Mr. Aditendra, learned counsel for the petitioner, Mr. Shashi Prakash Rai, learned counsel for respondent-BSA and learned Standing Counsel for the State.

2. The writ petition has been instituted, inter alia, seeking issuance of a writ of certiorari for quashing the order dated 11.12.2025 passed by the Basic Shiksha Adhikari, Gautam Buddha Nagar, whereby the services of the petitioner have been terminated.

3. A further prayer has been made for issuance of a writ of mandamus commanding the respondents not to interfere in the functioning of the petitioner as Headmaster of Composite Vidyalaya, Jewar, Development Block Jewar, District Gautam Buddha Nagar.

4. The petitioner has also prayed for a direction to the respondents to ensure payment of his regular monthly salary, along with arrears of salary w.e.f. June, 2025 till date, within a stipulated period.

5. Placing the aforesaid facts on record, learned counsel for the petitioner submits that the petitioner possesses the following educational qualifications:-

“(i) The petitioner appeared in the High School Certificate Examination in the year 1991 from the Board of High School and Intermediate Education, Uttar Pradesh, as a student of Krishna Sahai Gokul Chandra Inter College, Dhanauri Khurd, District Bulandshahr.

(ii) The petitioner pursued his studies in Class XI during the academic session 1992–93 from Adarsh Inter College, Ranhera.

(iii) The petitioner obtained a Certificate in Physical Education during the academic session 1993–94 from Bharati Sharirik Shikshan Mahavidyalaya, Hanuman Vyayam Nagar, Amravati, Maharashtra.

(iv) Thereafter, the petitioner appeared as a regular student in the Intermediate Certificate Examination for the academic session 1994-95 from the Board of High School and Intermediate Education, Uttar Pradesh, being a student of Adarsh Inter College, Ranhera.”

6. Pursuant to the Government Order dated 23.03.1995, which provided for the appointment of candidates possessing a Certificate in Physical Education as untrained teachers with a stipulation for imparting in-service training post-appointment, the State authorities issued an advertisement dated 27.12.1996 inviting applications from eligible candidates for such appointments. The petitioner, being duly eligible, submitted his application in response thereto.

7. However, as no interview call letter was issued to him, the petitioner was constrained to file Writ Petition No. 11804 of 1997 (Rajesh Singh and two others vs. BSA, Bulandshahr and others), wherein this Hon’ble Court, vide interim order dated 04.04.1997, directed consideration of his candidature. In compliance thereof, the petitioner’s case was considered by the Basic Shiksha Adhikari, Bulandshahr.

8. The petitioner was issued an appointment letter dated 24.04.1997, whereby he was appointed as an untrained Assistant Teacher and posted at Prathmik Vidyalaya, Jewar, District Bulandshahr. Pursuant thereto, the petitioner duly joined his duties on 25.04.1997.

9. Th