IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8033 of 2001 RAMASHRAYA PRASAD, S/O LATE RAM KESHWAR PRASAD, R/O VILLAGE-USFA, P.S.-GAURI CHAK, FATUHA, DISTRICT-PATNA AT PRESENT ASSISTANT TEACHER, PRIMARY SCHOOL LALPURA, POST- BALUANE, P.S.-DARBE-BAHADUR, DISTRICT-PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE COLLECTOR, PATNA-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA-CUM-SECRETARY, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, PATNA. 5. THE AREA EDUCATION OFFICER, BARH, P.S.- BARH, DISTRICT-PATNA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PANDARAK, PATNA. ………………RESPONDENTS. ----------- 6 16.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. Initially petitioner had filed this writ application for a direction to the respondents for quashing of memo no. 5957 dated 31.12.1993 issued by the District Superintendent of Education, Patna by which salary of the petitioner was stopped. Further prayer was made in the writ application for direction to the respondents to pay his salary from January, 1994 2 onwards in the Matric Untrained Scale. Counter affidavit has been filed in the case by the District Superintendent of Education, Patna. Along with counter affidavit one order passed by him as contained in memo no. 23 dated 3.1.2006 is annexed as Annexure-B. This order shows that, after consideration of the case of the petitioner, and his show cause, his services have been terminated. Accordingly, petitioner has filed I.A. No. 3103 of 2007 praying therein for grant of liberty to challenge the said termination order. The I.A. was allowed by order dated 24.6.2009. Thereafter, respondents have filed another affidavit in reply to the I.A. After going through Annexure-B, by which the services of the petitioner has been terminated, it appears that petitioner was appointed as teacher in Primary School, Lalpura under Pandarak Block by memo dated 1.6.1987. As the petitioner had produced Teachers Training Certificate, he was appointed on the post of Matric trained teacher and joined on 18.6.1987. His Teachers Training Certificate was sent for verification and the Bihar School Examination Board, vide its letter dated 21.12.1993, 3 reported that the same was forged. Accordingly, by order issued, vide memo no. 5957 dated 31.12.1993, salary of the petitioner was stopped. The impugned order (Annexure-B) shows that thereafter petitioner absconded from the school and became traceless. However, he filed this writ application in 2001 for quashing of the said order dated 31.12.1993 and for a direction for payment of his salary. It appears that during the pendency of the writ application, a report was called for by the respondents from the Block Education Extension Officer, who reported that since January 1994, petitioner was not attending the school and had become traceless. Therefore, a notice was published in the local newspapers on 9.10.2005, a copy whereof is annexed as Annexure-A to the counter affidavit. In response to the notice petitioner filed his show cause. The respondent District Superintendent of Education, Patna examined the show cause and found that petitioner has not denied that his Teachers Training Certificate was forged. He also found that he was absent from duties from January, 1994 onwards without any permission. Hence, referring to Rule 76 of the Bihar Service 4 Code his services were terminated. Learned counsel for the petitioner submits that, even if the Teachers Training Certificate of the petitioner was found to be not genuine, the respondents ought to have retained him in the service and ought to have paid him salary in Matric Untrained Scale. He submits that respondents have done this in respect of many other teachers whose certificates have been found as not genuine. Therefore, taking a sympathetic view, the respondents ought to have continued him in service in Matric Untrained Scale. He submits that the respondent District Superintendent of Education, Patna has wrongly relied on Rule 76 of the Bihar Service Code as it was held ultra vires long back by this Court. Therefore, no action could be taken against him in terms of Rule 76 of the Bihar Service Code. Learned counsel for the State submits that there is no material on record to show that other teachers, who are alleged to have obtained their appointments in Matric Trained Scale on the basis of forged Teachers Training Certificates, were allowed to continue in Matric Untrained Scale. He also submits that, if some 5 relief was granted by the respondents to such persons, who obtained their appointment on forged certificates, petitioner can not claim parity with them as Articles 14 and 16 do not operate negatively. He submits that for getting any relief from this Court, the petitioner has to establish his own rights under law, to satisfy this Court for issue of directions for his continuance, which the petitioner has utterly failed to do. He submits that the District Superintendent of Education, Patna, in the impugned order, by mistake, referred to Rule 76 of the Bihar Service Code which provided for termination of service of an employee who remained absent from duty unauthorizedly for more than five years of service without notice. But the same is clearly not applicable in the present case as on account of long absence of the petitioner, notice was published in the newspapers and the petitioner replied to the same which was considered by the District Superintendent of Education, Patna and thereafter, the order has been passed. Therefore, in this case requirement of Principles of Natural Justice has been adequately complied with. 6 To consider whether the District Superintendent of Education, Patna has given the matter a proper consideration before passing the impugned order or not, the Court asked learned counsel for the petitioner to place his show cause reply filed before him, in response to the newspaper notice. Petitioner has not brought that reply on record. However, it was pointed out that the same is available as Annexure-R4/E with the supplementary counter affidavit of District Superintendent of Education, Patna filed on 12.11.2009. The said show cause reply was placed by the petitioner before this Court in detail. From the said reply, it is apparent that the petitioner did not deny that the Teachers Training Certificate, produced by him for his appointment, was forged. He also did not deny in his reply that he was absent from duty from 1994 onwards, unauthorizedly. In his entire reply the contention of petitioner is that, since his Teachers Training Certificate was not accepted as genuine, he should have been allowed to continue as matric untrained teacher in the school. Thus, it is apparent that the grounds for terminating the services of the petitioner 7 by the District Superintendent of Education, Patna, in his order dated 3.1.2006, is not refuted by the petitioner. From the order itself, it appears that the petitioner joined his service on 18.6.1987 and his certificate was found forged, as per the letter of the Bihar School Examination Board dated 21.12.1993, in the light of which his salary was stopped. In the circumstances, this Court does not find any error in the order of the District Superintendent of Education, Patna dated 3.1.2006. The request of the petitioner to continue him in Matric Untrained Scale and his request to consider his case sympathetically, can not be accepted. No law has been cited by learned counsel for the petitioner to show that he was entitled for any such consideration by the respondents inspite of his appointment having been found to have been obtained on forged document. In the circumstances, this Court is of the opinion that the petitioner does not deserve any sympathy by this Court and the order of the respondent District Superintendent of Education, Patna is perfectly legal and valid and in compliance with the Principles of Natural 8 Justice. In the result, this Court does not find any merit in the writ application and the same is dismissed. Arvind/ ( J. N. Singh, J.)