IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9315 of 2000 SRI SUBI LAL SAHU & ANR Versus THE STATE OF BIHAR & ORS ----------- 07- 30.9.2008 Heard Mr. Rajendra Prasad Singh for the petitioners, and Mr. Prasoon Sinha, learned Government Advocate No.3 for the respondents. Two petitioners, namely, Sri Subi Lal Sahu and Sri Upendra Pd. Roy have preferred this writ petition challenging the order dated 14.8.2000 (Annexure-1), whereby they have been deprived of their positions as Headmaster of Middle School, Balwankuary, Hajipur, and Headmaster of Middle School, Palwaria, Vaishali respectively, and have been asked to function as Assistant Teacher on the ground that they had obtained their promotions on the basis of forged Post- Graduation degrees. 2. The two petitioners had joined the services of the Bihar Government as School Teachers. After they joined the services, they claimed to have obtained Post-graduation degrees from B.N. Mandal University, Madhepura. On the strength of their Post-Graduation degrees, petitioner no.1 was promoted as Headmaster on 27.1.1987, and petitioner no.2 2 was promoted as Headmaster on 19.7.1988. This was followed by the impugned order, wherein it is stated that Cabinet (Vigilance) Department has investigated and found that 15 persons including the two petitioners mentioned in the impugned order have obtained their promotions on the basis of fake degrees. 3. While assailing the validity of the impugned order, learned counsel for the petitioners submits that the impugned action was taken without issuing any show-cause notice to the petitioners. He also submits that they are in possession of valid degrees. The Bihar Government may not have recognised the degrees then, but the University did start the post- Graduation courses. The petitioner did join the courses and on successful completion of the courses were awarded the degrees. Learned counsel for the petitioners also relied on the notification of the Bihar Government bearing Notification No.,l@o 3-01/755/80 f’k0&&2440, dated 18th December, 84. 4. The learned Government Counsel has opposed the writ petition. He has also relied on the notification dated 8.7.1993 (Annexure-D) of the Bihar Government in the Department of 3 Human Resources Development, published in the Bihar Gazette (Extra-ordinary) on 9.7.1993. 5. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears from a perusal of the counter affidavit that show-cause notice was issued to the petitioners, paragraphs VII and VIII of which are reproduced hereinbelow for the facility of quick reference: “VII. That thereafter, respondent no.6 sent letters to all including the petitioner to furnish the photo copy of these post graduate degree alongwith information that in which session you were student of that University, when the University conducted the examination, whether you were on leave during the period or not, whether they have taken salary for that period or not. They were further directed to appear in person and furnish the details on 24.7.99. The petitioner appeared and filed the written statement also. They have stated that they never took leave, they never attended classes but passed M.Sc.” “VIII. That a show cause notice was given to the petitioner on 31.7.2000 that you obtained promotion as Headmaster on the basis of forged degree in the year 1995 and thereafter as drawing and disbursing officer you have drawn money illegally it was further directed to file show-cause within a week. That the petitioner filed their show cause, simply stating that their degree is genuine.” 4 It is thus evident that the impugned action was taken after affording the petitioners full opportunity to explain the position. The contention is rejected. 6. The petitioners have also contended that they are in possession of valid degrees. The Cabinet (Vigilance) Department on investigation did come to the conclusion that the petitioners had obtained their promotions by producing fake degrees. It is manifest from the materials on record that the University was set up in 1992, after carving out its jurisdiction from that of Lalit Narayan Mithila University, Darbhanga. The petitioner had not been granted permission to start Post-Graduation courses till 9.7.1999 (Annexure-F), the date of the letter by which the Director, Higher Education Department, Government of Bihar had informed the Cabinet (Vigilance) Department. The letter further states that permission had been accorded to the University to start Post-Graduation courses during 1998-99 and the process for starting the courses was going on. It is thus manifest that the petitioners had produced fake Post- Graduation degrees before the authorities in order to obtain promotion to the post of 5 Headmaster. It is further relevant to state that the petitioner has not placed on record photo copies of their marks-sheets and the degrees. No attempt has also been made to satisfy this Court by producing the same in original. 7. There is no merit in this writ petition and is accordingly dismissed. (S K Katriar, J.) S.K.Pathak/