The Allahabad High Court on Wednesday directed Dr. Bhimrao Ambedkar University to take appropriate steps against the 814 persons who have obtained employment as Assistant Teachers on the basis of alleged B.Ed. Degree shown to have been issued by the University.
The petitioners are Assistant Teachers who have obtained employment as Assistant Teachers on the basis of alleged B.Ed. Degree – 2005 shown to have been issued by the respondent Dr. Bhimrao Ambedkar University, Agra. Subsequently, their degree/mark sheets were found to be fake or tampered. Special Investigation Team (SIT) was constituted under the Orders of the High Court. The SIT submitted its report giving details of fake degrees/marksheets and tampered degrees/marksheet.
Thereafter, the District Basic Education Officers issued notices to the petitioners requiring them to show cause as to why their appointments be not cancelled on the ground of their B.Ed. Degrees/marksheets to be fake or tampered. Thereafter the impugned orders cancelling the appointments of the petitioners were passed.
Subsequently, the respondent Dr. Bhimrao Ambedkar University, Agra also issued notices to all the students having fake B.Ed.Degrees/marksheets and those having tampered degrees/marksheets.
These notices were published on official website of theUniversity as well as in several largely circulated daily newspapers, including “Amar Ujala” (Hindi) and “Times of India” (English).
The respondent University took decision declaring 2,823 students to be fake students who managed to procure fake B.Ed. degrees. The matter of remaining 814 students is under consideration of the University who have submitted their representations either with complete or incomplete information.
In another batch of writ petitions the petitioners have challenged the orders passed by District Basic Education Officers cancelling the appointments of the petitioners or holding the appointments to be void ab initio on the ground that these were obtained on the basis of fake B.Ed.Degrees or on the basis of tampered B.Ed. Marksheets. None of the petitioners have challenged the order passed by the respondent University declaring 2,823 persons to be fake students. None of the petitioners have filed any amendment application to amend the pleadings and / or to challenge the aforesaid order of the respondent – University.
Petitioners’ Counsel said that Marks sheet issued to petitioners bears the note that the marks register will be final in case there is discrepancy between the marks sheet issued and marks register of the University, also the University has proceeded merely on the basis of report of SIT and declared 2823 students as fake merely because these students could not submit reply. Therefore, the order of University to declare the petitioners as fake is wholly unjustified and no notice was issued by the University to students before declaring them as fake by order.
“University has merely presumed that since the name of the petitioners are not mentioned in the mark register and, therefore, such students are fake.Mark register or tabulation register is a final paper. Therefore, the University should have first determined whether petitioners’ name appears in the marks register and if it does not appear, only then matter can be further inquired, to find out whether there is any manipulation”, said the petitioner’s counsel.
The Additional Advocate General for the State Government said that Appointment of petitioners have been cancelled in accordance with law. They lacked basic educational qualification. Their B.Ed.Degrees has been found to be fake or tampered. Therefore, their appointments have been lawfully cancelled after affording opportunity of hearing. Disciplinary proceeding as per U.P. Basic Educational Staff Rules,1973 and U.P. Government Servant (Discipline and Appeal) Rules,1999 is not required to be initiated.
“The SIT, during the investigation; recovered 8899 award foils (mark foils). These award foils related to all 82 affiliated colleges. On verification of tabulation chart with mark foils, tampering was found with respect to 1053 students, whereby originally secured 2nd and 3rd Division marks were raised to 80% to 82% and thus by tampering 1st Division was shown. The University has initiated appropriate proceeding in matters of tampered marksheets, which are pending disposal”, said the counsel appearing for Dr. Bhimrao Ambedkar University.
Acting upon the petition, the single judge bench of Justice Surya Prakash Kesharwani, held that the petitioners falling under the list of fake students, have obtained government employment on the postof assistant teachers, on the basis of fake B.Ed. Degrees.
This was a fraudulent act. It is settled law that fraud andjustice never dwell together. The forgery is in the basiceligibility conditions for appointments on the post ofassistant teachers inasmuch as B.Ed. Degrees are fake.Consequently, these appointments are NULL and VOID.
Therefore, the process of appointments of the petitioners who obtained government employment on the basis of fake B.Ed. Degrees, stands vitiated. Allahabad High Court also directed Respondent- Dr. Bhimrao Ambedkar University to take appropriate decision, in the matter of the aforesaid 814 persons falling in the list of fake students.
-India Legal Bureau