Shiksha Mitra Contract ended / revoked due to using fake Marksheet of Sampoornanad Univ. Varanasi for BTC Training

Shiksha Mitra Contract ended / revoked due to using fake Marksheet of Sampoornanad Univ. Varanasi for BTC Training 

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?A.F.R.
Court No. - 33

Case :- WRIT - A No. - 19949 of 2012

Petitioner :- Shama Praveen
Respondent :- State Of U.P. And Others
Petitioner Counsel :- S.K. Mishra
Respondent Counsel :- C.S.C.

Hon'ble Arun Tandon,J.
Petitioner before this Court is aggrieved by the order of the Basic Shiksha Adhikari dated 13.04.2012 where under the approval granted to the appointment of the petitioner as Shiksha Mitra has been revoked and her contract in that regard had been brought to an end. 
Facts in short leading to the present writ petition are as follows.
Petitioner was selected for the post of Shiksha Mitra, while working as Shiksha Mitra she made an application for being admitted to B.T.C. Course 2010. Along with her application for such B.T.C. training course, she also enclosed a mark-sheet issued by the Registrar, Sampurnanand Sanskrit Vishwavidyalaya pertaining to the degree of Shiksha Shastri. 
The Registrar of the University vide his letter dated 02.05.2011 after due enquiry and after verification from the records of the University has informed the district authorities that the petitioner had not passed her intermediate examination with Sanskrit as one of the subjects, which is mandatory and a essential requirement for being admitted to Shastri Degree course. She along with Principal of Shri Dadbul Ram Sanskrit Vidyalaya, Gawalikhera made manipulation in the marksheet of intermediate examination by substituting the subject English by the words Sanskrit and thereafter she interpolated the marks awarded in respect of the subject Economics with those for Sanskrit. With the help of the clerk of the University namely Shri Ashok Singh got herself admitted to the Shastri examination. The Examination Committee of the University on coming to know of the aforesaid fact has cancelled the degree granted in favour of the petitioner qua Shastri examination of the year 2007, 2008 and 2009. The decision so taken has been dully approved by the Vice-Chancellor of the University on 11.05.2011.
In order to keep the record states it may be pointed out that against the order of cancellation of her degree of Shastri examination, the petitioner had filed Writ petition No. 7550 of 2012. The writ petition was disposed of on 14.03.2012 permitting the petitioner to furnish her explanation and the University in turn was directed to pass fresh order within a period of two weeks. The High Court did not set-aside the order of cancellation of the Shastri Degree of the petitioner. It has only provided that the cancellation shall abide by the orders to be passed by the University as directed.
The petitioner has not brought on record any fresh decision of the University in the matter. Therefore, as on date the cancellation of the Shastri examination of the petitioner stands on record and the reasons for such cancellation are writ large in the order impugned.
Learned counsel for the petitioner challenging the order contended that the Shastri examination, which has been cancelled was not the basis for her being selected as Shiksha Mitra and, therefore, cancellation of the approval and the contract entered into in that regard could not have been done because of the cancellation of the Shastri degree issued in favour of the petitioner earlier.
The contention raised on behalf of the petitioner appears to be attractive but when examined in the larger interest of education of minor children, this Court founds that persons like the petitioner who interpolate and mislead the public examination bodies like the University for getting fraudulent admissions by manipulation in the mark-sheets are totally unfit to be permitted to work or to be assigned duties as a teacher in any institution where minor children are imparted education. It may be recorded that the appointment on the post of Shiksha Mitra is contractual in nature and, therefore, at any point of time for good and valid reasons the authorities can always revoke the said contract. Purity of the education of the minor children is the backbone of this democratic country. 
In view of the aforesaid, no interference is warranted under Article 226 of the Constitution of India. 
Writ petition is dismissed.
Order Date :- 24.4.2012
Shekhar


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1831046