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-Order to cancel job and recover salary also

Prayagraj. In a significant order, the Allahabad High Court has taken a strong stand on the ‘disturbing’ pattern of several assistant teachers in Uttar Pradesh (UP) getting jobs on the basis of fake and fabricated certificates, and directed the state government to conduct a comprehensive investigation into them across the state.

The court has directed the Principal Secretary, Basic Education to complete this work within six months as far as possible. The Court directed to ensure that not only the illegal appointments are cancelled, but the salaries are also recovered and strict action is taken against the complicit officers.

Justice Manju Rani Chauhan, while passing the order, said that despite the state government issuing several circulars and instructions, the authorities responsible for maintaining transparency in the education system have failed to take effective and timely action against such illegal appointments. The Court said, “The inaction of the authorities not only promotes fraud but also strikes at the very roots of the education system, thereby causing serious harm to the interests of the students, which is the most important and paramount consideration for this Court.”

The High Court was hearing a writ petition filed by Garima Singh. He had challenged the order of the District Basic Education Officer of Deoria canceling his appointment. BSA passed this order against him after it was found that he forged his educational documents and residence certificates. The petitioner said that he was appointed as an assistant teacher in July 2010. His documents were examined. He had served for about 15 years without any complaint.

It was argued that the impugned order was arbitrary, illegal and passed without giving an opportunity of being heard or following due procedure based on the complaint of a relative. On the other hand, the state government issued him a notice to which he neither responded nor produced any documents to prove that the educational certificates, residence certificates and other documents submitted at the time of appointment are genuine. The state also said that if the job has been obtained by fraudulently producing documents or concealing facts, then a person taking advantage of such fraud cannot demand any inquiry under the Uttar Pradesh Government Employees (Discipline and Appeal) Rules, 1999.

When the court started giving orders, the petitioner’s lawyer said that since there is an alternative option of filing an appeal, he did not want to press for this petition. However, the bench rejected this request and dismissed the petition.

Observing that the education imparted to children cannot be compromised, the Court issued directions to the Principal Secretary, Basic Education, directing him to conduct a comprehensive and time bound scrutiny of the appointments of Assistant Teachers across the State.

While giving this order, the court said that such people remain in the service for years in open “connivance” with the management of the institutions and in many cases with the “active connivance” or “tacit acceptance” of the concerned Basic Education Officer. Thus, the Bench also directed strict disciplinary and punitive action against officers found involved in such fraudulent appointments, who facilitated or knowingly condoned it.