Secured Job On Forged Docs? : High Court Orders Scrutiny Of All UP Assistant Teachers In 6 Months; Orders Cancellation, Salary Recovery

The Court has directed the Principal Secretary, Basic Education, to complete the exercise, preferably within six months, and to ensure that not only are the illegal appointments cancelled but also the salaries are recovered and that stringent action is taken against the colluding officials.

A bench of Justice Manju Rani Chauhan passed this order, noting that despite the issuance of several circulars and instructions by the State Government, the authorities responsible for maintaining purity in the education system have failed to take effective and timely action against such illegal appointments.

"The inaction on the part of the authorities not only perpetuates fraud but also strikes at the very root of the education system, causing grave prejudice to the interest of students, which is of paramount and overriding consideration for this Court", the bench further remarked.

The bench was essentially dealing with a writ plea filed by one Garima Singh. She had challenged an order passed by the District Basic Education Officer (BSA), Deoria, cancelling her appointment.

The BSA had passed an order against her after it was discovered that she had forged her educational documents and domicile certificate.

It was her case that she was appointed as an Assistant Teacher in July 2010 after her documents were scrutinised upon joining, and she had served for nearly 15 years without complaint.

Thus, it was argued that the impugned order was arbitrary, illegal and passed without providing an opportunity of hearing or following due procedure based on a complaint by a relative.

On the other hand, the state issued a notice to her, to which she neither submitted any reply nor produced any documents to show that the educational certificates, domicile certificate, and other relevant documents submitted at the time of appointment were genuine.

The state also submitted that in case the employment has been obtained based on fraudulent documents or concealing facts, the beneficiary of such fraud cannot seek any inquiry in terms of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.

Against the backdrop of these submissions, when the Court started dictating the order, the petitioner's counsel submitted that since there is an alternative remedy of filing an appeal, he did not wish to press this petition.

The bench, however, rejected this request as it noted that the existence of an alternative remedy is not a bar in cases where the ground of denial of opportunity of hearing has been taken in the petition.

Accordingly, finding that no interference is required and the relief as prayed for cannot be granted, the writ petition was dismissed.

Before parting, the bench, noting that the education imparted to children can't be compromised, issued a mandamus directing the Principal Secretary, Basic Education, to undertake a comprehensive and time-bound scrutiny of the appointments of Assistant Teachers across the State.

The Court passed the order noting that such persons continue to remain in service for years together, openly "in collusion" with the management of the institutions and, in many cases, with the "active connivance" or "tacit approval" of the concerned Basic Shiksha Adhikari.

Thus, the bench has also directed stringent disciplinary and penal action against officials found to have colluded with, abetted, or deliberately ignored such fraudulent appointments.