Underlining the need to ensure that the education imparted to children is not compromised, the Allahabad High Court has directed the Uttar Pradesh Basic Education Department to undertake a comprehensive scrutiny within six months of the appointment of assistant teachers in the state, and to take strict action against those having secured jobs using forged documents.
The direction was issued to the Principal Secretary, Basic Education, after the court dismissed a petition challenging the cancellation of the appointment of an assistant teacher who was found to have got the job using forged documents and had been serving in a government school for the past 15 years.
In its order, the bench of Justice Manju Rani Chauhan observed, “This Court has repeatedly noticed a disturbing pattern wherein a large number of Assistant Teachers have secured appointments on the strength of forged and fabricated certificates, fake documents, or by deliberate concealment of material facts.”
“Such persons continue to remain in service for years together, openly in collusion with the management of the institutions and, in many cases, with the active connivance or tacit approval of the concerned Basic Shiksha Adhikari,” the bench added.
The HC said, “It is a matter of serious concern that despite issuance of several circulars and instructions by the State Government from time to time, the authorities entrusted with the duty of maintaining purity in the education system have failed to take effective and timely action against such illegal appointments. The inaction on the part of the authorities not only perpetuates fraud but also strikes at the very root of the education system, causing grave prejudice to the interest of students, which is of paramount and overriding consideration for this Court.”
“In such circumstances,” the bench continued, “in order to uphold the rule of law, protect the larger public interest, and ensure that the education imparted to children is not compromised, this Court is left with no other option but to issue a mandamus directing the Principal Secretary, Basic Education, to undertake a comprehensive and time-bound scrutiny of the appointments of Assistant Teachers across the State.”
The court said the Principal Secretary shall ensure that appropriate action, in accordance with law, is taken against all such teachers who have obtained appointments “by playing fraud upon the authorities”, and initiate cancellation of appointments and recovery of salary, wherever permissible.
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The bench further said, “Stringent disciplinary and penal action shall also be initiated against those officials found to have colluded with, abetted, or deliberately ignored such fraudulent appointments. The entire exercise shall be completed expeditiously, preferably within a period of six months from the date of receipt of a certified copy of this order.”
The petitioner, Garima Singh, had requested the court to direct the Deoria district basic education officer to allow her to join the service on the post of assistant teacher at a school in Salempur area where she was posted since her appointment in July 2010. Her appointment was cancelled in August last year by the education officer.
The basic education officer’s counsel submitted that the petitioner’s educational documents and domicile certificate had been verified by the competent authority and a Special Task Force (STF) which found all the papers submitted by her to be forged.
The counsel added that even though a notice was issued to her in July last year, she did not reply to it or place any papers to prove that the educational certificates, domicile certificate and other documents submitted at the time of her appointment were genuine.
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The petitioner, however, argued that all the documents were verified during her appointment after which she was allowed to continue for the last 15 years.
