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Judgment
Hon''ble Sudhanshu Dhulia, J.—Heard Mr. B.S. Negi, learned counsel for the petitioner, Mr. N.P. Sah, learned Standing Counsel for the State of Uttarakhand and Mr. Pankaj Negi, Advocate holding brief of Mr. N.S. Negi, learned counsel for respondent Nos. 5 and 6.
The petitioner was an Assistant Teacher in general subject in a grant in aid school namely, Doon Modern Junior School, Tuntowala (Raipur) Dehradun. During her tenure as an Assistant Teacher in this grant in aid school, it was discovered that one of the essential qualifications, on the basis of which the petitioner had obtained her appointment, was a forged degree. The petitioner thus secured her appointment on the basis of misrepresentation of facts inasmuch as the petitioner has not done her B.Ed. from a recognized institution, at least this is alleged. The allegation against the petitioner is that her B.Ed. degree is forged and this is being said on the basis of the inquiry made by the district education authorities. Consequently, on the direction of the District Education Officer, Committee of Management has deprived the petitioner from entering the school premises on 08.07.2011.
The contention of the petitioner is that her services have been effectively terminated, without following the due process of law.
In the counter affidavit filed by the State as well as Committee of Management, they have stressed from the facts that the B.Ed. degree of the petitioner is fabricated.
It has also been stated at the bar that since all these facts have now been discovered and the police inquiry is underway, it will not be conducive for the educational environment in the school that the petitioner should be continued in the school till such time an enquiry is completed and necessary action follows.
However, the Court is also conscious of the fact that the respondents must adopt due process before terminating the services of the petitioner. In the interest of justice, this writ petition is disposed of with the direction to the Educational authorities to expedite the present matter of the petitioner and finish the inquiry as expeditiously as possible in accordance with law. Thereafter all possible legal action must follow.
No order as to costs.