If an employee is appointed without misrepresentation and the authority possesses the power to relax educational qualifications (having exercised it for others), discharging the employee for lack of qualification is discriminatory and violates Articles 14 and 16 of the Constitution.

(Oral)

1. Learned Deputy Advocate General has produced communication dated 15.05.2023, issued by Director General of Police, Himachal Pradesh along with notification(s) dated 20.02.1981, which are taken on record

2. By way of present petition, the petitioner has prayed for the following substantive reliefs:-

“(i) That the impugned order dated 13.11.2009, Annexure P-19 may be quashed and set aside;

(ii) That the impugned orders dated 16.3.2010, Annexure P-22 and order dated 17.06.2010, Annexure P-24 rejecting the appeal and revision petition of petitioner may kindly be quashed and set aside;”

3. The facts which emerge from the pleadings are that the petitioner, who was National Gold Medalist in Judo/Kungfu, had submitted an application on 24.08.1993 (Annexure P-1) before respondent No.2, to offer him appointment as Inspector, Sub-Inspector or any eligible post under the Games Quota (Sports Quota). On receipt of the application, a process was initiated to recruit him against reservation for outstanding sportsmen, as per police Rule 12.1 of the Punjab Police (Himachal Amendment) Rules, 1994. As per communication dated 15.09.1993 (Annexure P-2) issued by respondent No.2, Inspector General of Police, Armed Police training, H.P. was asked to verify the character antecedents of the petitioner. Thereafter, the petitioner was asked to remain present to check his physical standard and for medical examination. After meeting the physical standards and checking of certificates, the petitioner was offered the appointment on 01.01.1994 (Annexure P-4) as Assistant Sub Inspector of Police (for short ‘ASI’) w.e.f. 29.10.1993 F.N. in the H.P. Police Department against 1% reservation quota for outstanding sportsman against the reserve vacancy of Indian Reserve Battalion in the pay scale of Rs. 1410-45-1500-50-2000-60-2060-70-2480/- plus usual allowance attached to the post and the petitioner joined as ASI.

4. Later on while making the entries concerning the educational qualification of the petitioner in his character roll, a suspicion had arisen about the validity of his documents/degree of graduation i.e. B.A., obtained from Varanaseya Sanskrit Vishwavidyalaya Varanasi (U.P.), as there was no mention about the marks obtained in different examinations viz. BA-II and BA-III. A show cause notice dated 03.02.1997 (Annexure P-6), was issued to the petitioner since the BA degree obtained by the petitioner is from a University, which has been declared as fake by the UGC and the degree/certificate awarded by this University is not entertained/accepted by the Himachal Pradesh Public Service Commission, and the petitioner being not eligible had succeeded in getting the appointment fraudulently, by producing B.A. certificate of aforesaid fake university, was called upon to show that why he should not be discharged from service for not possessing the required educational qualification for the post. The petitioner replied to the said show cause notice on 10.02.1997 (Annexure P-7) and submitted that he is a National Gold Medalist in Judo/Kungfu and has got diploma of Judo from Sports Authority of India. At the time of submitting the application for appointment under sports quota, he had no knowledge regarding the fact that the university in question has been declared as fake and when he obtained the degree in 1989, at that time there was no such indication regarding alleged fakeness of the university. Moreover, many persons who had only cleared matriculation examination, have been offered appointment against the sports quota as ASIs. Since the petitioner has served for three years, it would cause gra