1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3392 of 2010. Decided on: 18.08. 2010. Pramod Kumar. ….. Petitioner. Versus State of H.P. & others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : Mr. V.D. Khidtta, Advocate. For the respondents : Mr. R.K. Sharma, Senior Additional Advocate General, for respondents No.1 and 2. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): Writ petition has been filed with the following prayer: (i) That writ in the nature of mandamus may kindly be issued and respondent No.2 may kindly be directed to give re-appointment to the petitioner as JBT teacher on contract basis with effect from the date i.e. 20.12.2000, on which date, the petitioner was disengaged/refused to give further extension with consequential benefits including seniority, arrear of pay etc. (ii) That writ in the nature of mandamus may kindly be issued and further the respondents may kindly be directed to decide the representation of the petitioner dated 6.3.2009 (Annexure P-7). 2 (iii) That the respondents may kindly be directed to afford an opportunity to the petitioner to prove his case to the effect that the degree awarded to him is genuine, as has been directed by the Hon’ble Single Judge of this Hon’ble Court in CWP-T No. 2902 of 2008 on 24.7.2009. Further it is prayed that the respondents may kindly be directed to do the needful within a reasonable/time bound period. 2. In reply furnished on behalf of the respondents No.1 and 2 at para-7 it is stated as follows:- “ That the contents of this para are admitted to the extent that the petitioner was not given further extension on contract basis as JBT, because the petitioner has got the employment of JBT Teacher on the basis of fake Degree that shown to be obtained by him from the Magadh University, Bodh Gaya. The degree of B.Ed, on the basis of which the petitioner has sought the employment has not been issued by the Magadh University. It is further submitted that as per the information received from the Deputy Director of Elementary Education, Sirmour, a letter was written to the Joint Controller of Examination Magadh University, Bodh Gaya, who in response vide his letter dated 25.9.2000 had informed that the B.Ed Degree obtained by the petitioner was not correct. The copy of the same is annexed as Annexure R-1. Therefore, when the facts of fake Degree came into the notice, no further contract was offered to the petitioner”. 3. According to the petitioner, he did not get an opportunity to present his case before the University. In case he has still any dispute with regard to the factual position, it will be open to him to present his version before the second respondent, 3 in which case second respondent will consider the matter after affording opportunity for hearing the petitioner within four months. The petition stands disposed of, so also the pending applications, if any. Copy Dasti. ( Kurian Joseph), Chief Justice. ( Kuldip Singh), Judge. August 18, 2010 (sks/pankaj)