HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON’BLE SRI JUSTI CE MANOJ KUMAR TI WARI

Writ Petition Service Single No. 2222 of 2022

12 September, 2025

Mohan Giri --Petitioner

Versus

State of Uttarakhand & others --Respondents

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Mr. Karmanya Pandey, Advocate, holding brief of Mr. Dharmendra Barthwal,

Advocate for the petitioner.

Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of

Uttarakhand/respondents.

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JUDGMENT

Petitioner is challenging the termination order

dated 29.11.2021 passed by Regional Director of Education (Secondary), Nainital. He has also challenged the order dated 06.04.2022 passed by Director, Secondary Education, whereby his appeal against

termination order was dismissed.

2. The facts, on which there is no dispute is that petitioner was initially appointed as Group ‘D’ employee in the year 1985 in a Government School. While serving as Group ‘D’ employee, petitioner obtained B.Ed. Degree from Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh in the year 1994 and on the strength of B.Ed. Degree, he was appointed as Assistant Teacher (L.T. Grade), vide order dated 01.03.2006. It may be stated that B.Ed. is essential qualification for appointment as

Assistant Teacher (L.T. Grade), as per the applicable Service Rules.

3. On 11.11.2020, a charge-sheet was issued to petitioner stating that Bhartiya Shiksha Parishad, Lucknow (U.P.) is included in the list of fake Universities, published by University Grants Commission and Hon’ble Allahabad High Court in Writ Petition No. 56637/15 has held that B.Ed. Degree issued by Bhartiya Shiksha Parishad, Lucknow (U.P.) is not valid. It was mentioned in the charge-sheet that petitioner was asked to show cause regarding validity of his B.Ed. Degree, vide notice dated 13.01.2020, but he failed to give any reply, therefore, there are reasons to believe that petitioner was appointed based on a fake B.Ed. Degree.

4. In his reply to charge-sheet, petitioner submitted that in the year 1994, Bhartiya Shiksha Parishad, Lucknow (U.P.) was recognized for awarding B.Ed. Degree, however, he could not substantiate the said contention by adducing evidence during course of enquiry. The Disciplinary Authority i.e. Regional Additional Director, Secondary Education, Kumaon terminated the services of petitioner by holding that Bhartiya Shiksha Parishad, Lucknow (U.P.) was not recognized by University Grants Commission in the year 1994 when petitioner obtained B.Ed. Degree and held that without valid B.Ed. Degree, petitioner was not eligible for appointment as Assistant Teacher (L.T.

Grade). The appeal filed by petitioner was dismissed by Director, Secondary Education, vide order dated

06.07.2022.

5. A counter affidavit is filed by Mr. Leeladhar Vyas, Additional Director, Secondary Education, Kumaon stating that petitioner was appointed as Assistant Teacher - L.T. Grade (Hindi) on the strength of B.Ed. Degree obtained from Bhartiya Shiksha Parishad, Lucknow (U.P.); the said institution is not recognized by University Grants Commission, therefore, B.Ed. Degree possessed by petitioner is not valid for appointment as Teacher. The order dated 06.10.2015 passed by Hon’ble Allahabad High Court in Writ Petition No. 56637/15 is enclosed as Annexure No. 2 to the counter affidavit, in the said order, Hon’ble Allahabad High Court held that Bhartiya Shiksha Parishad, Lucknow (U.P.) is not recognized by University Grants Commission, therefore, its degrees are not recognisable. It is further alleged in the counter affidavit that since petitioner secured appointment as Teacher by playing fraud, therefore, his services were rightly terminated.

6. Annexure-4 to the counter affidavit is a communication received by respondent no. 3 from University Grants Commission, wherein it is mentioned that name of Bhartiya Shiksha Parishad, Lucknow (U.P.) is not included in the list of Universities recog