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2024 Supreme(Online)(UT) 4237

HIGH COURT OF UTTARAKHAND
Shri Justice Manoj Kumar Tiwari, J
OM KUMAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
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, Mr. C.S. Rawat, Mr. Pradeep Hariya, Mr. Gajendra Tripathi, Mr. Narain Dutt, Mr. Atul Bahuguna, Mr. J.S. Bisht, Mr. Devesh Ghildiyal, Mr. R.C. Joshi, Mrs. Mamta Bisht, Mr. Shivanand Bhatt, Mr. Anil Kumar Dabral, Mr. Vikas Pande

JUDGMENT

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, seeking the following reliefs:

“i) Issue

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