Gujarat High Court Case Information System
Print
SCA/7736/1995 3/ 5 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7736 of 1995
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=============================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=============================================================
SUTHAR
VIJAYSINH BIJALSINH - Petitioner(s)
Versus
DISTRICT
PRIMARY EDUCATION OFFICER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
RD DAVE for
Petitioner(s) : 1,
MR RA MISHRA for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 07/04/2010
ORAL
JUDGMENT
By
way of present petition, the petitioner
has inter alia prayed for quashing and setting aside the impugned
order dated 30th June 1995 passed in Appeal No.353 of
1994 by respondent No.3 against the petitioner
and quashing and setting aside the impugned order of dismissal
dated 12th May 1994 passed by the respondent No.1 against
the petitioner
as well as for grantnig
consequential benefits and reliefs of reinstatement and continuity
of service and backwages.
When
this matter came up for final hearing before this Court (Coram :
C.K. Thakkar, J) on 11th October 1995, this Court passed
the following order :
Rule.
To
be heard along with Spl.C.A. No.12311 o 1994 and allied matters.
Notice
as to interim relief, returnable on 20th November 1995.
It
is pertinent to note that the said Special Civil Application
No.12311 of 1994 and allied matters have been disposed of vide
judgment dated 02nd February 1996 passed by this Court
(Coram : M.S. Parikh, J). It would be beneficial to reproduce the
said order as under :
1.
Heard thee learned Advocate for the petitioner as also learned
Advocates for Respondents No.1 & 2 and the learned Government
Pleader.
2.
This petition is directed against the decision of Primary Education
Tribunal, District Education Committee, District Junagadh, rendered
on 20th July 1994 in Appeal No. 101 of 1994 dismissing the
petitioner’s Appeal.
3.
Unlike the material facts in Special Civil Application
No._____________and allied matters where by a common Judgment the
Appeals have been remanded. The petitioner herein faced charges, one
of which is regarding producing a false/bogus certificate of caste
for obtaining employment as primary teacher and there is prosecution
launched in that respect by C.I.D.(Crime). It is not in dispute that
the petitioner was given opportunity before the concerned authority
pursuant to the directions issued by this Court. The petitioner could
have produced his original certificate before the said Authority or
even before the Primary Education Tribunal. This matter is pending
before this Court for quite long, but no original Certificate has,
either, been produced or shown before this Court. It is from this
stand point that the learned Counsels appear on behalf of the
respondents have made reference to number of Judgments rendered by
this Court. In Special Civil Application No.8627 of 1994 between
Arvindbhai Dahyabhai Adhyaru V/s. the District Panchayat & anr.,
the allegation was of prouring the employment by producing the forged
marksheet and this Court (Coram : M.R.Calla, J.) by Judgment dated
18.1.1995 dismissed the petition and discharged the Notice. In
Special Civil Application No.8612 of 1994 between Patel Kiranben
Kantilal v/s. District Panchayat and others, this Court (Coram :
J.M.Panchal, J.) by order dated 25.11.1994, took a similar view in
similar set of circumstances. One of such matterswent before L.P.A.
Bench in L.P.A. No. 709 to 714 of 1994 in Special Civil Application
No. 8609 of 1994 and other matters. The Letters Patent Bench (Coram :
B.N. Kirpal, CJ, as His Lordship was then and A.N. Divecha, J.)
rendered following decision :-
“We
find no merit in these appeals. The action was taken against the
appellants and on the allegation that theSecondary School Certificate
Examination marksheets which were produced were forged. Dyspite the
opportunity of hearing having been granted no evidence was produced
by the appellants
to satisfy the authority that the marksheets produced were genuine.
Even in the Special Civil Applications filed in this court and now in
these appeals no effort has been made to secure a certificate or a
duplicate marksheet from the S.S.C. Board in order to satisfy the
court that the contention of the respondents is not correct. Legal
pleas are sought to e takn by the appellants to the effect that
because a complaint has been filed inquiry cannot be proceeded with.
There is no merit in this. We also do not find any merit in the
contention of the learned counsel for the appellant that the onus of
proof was on the respondents. We do not find any merit in this
contention also. The Appeals are dismissed.”
4.
The gist of the reasoning is that whereas on one hand the opportunity
was made available to the concerned petitioner to show cause. Such
petitioner failed to avail of the same by producing the evidence to
satisfy the Authority that the documents produced by the concerned
petitioner was genuine, the burden of being on the concerned.
5.
Hence in the facts and circumstances of the present case this
petition deserves to be dismissed. Rule is discharged. No order as to
costs.
Thus,
when the issue involved in the present petition is already decided
by this Court vide above cited judgment rendered in Special Civil
Application No.12311 of 1994 and allied matters, the present
petition is required to be disposed of.
In
view of aforesaid, the present petition is hereby disposed of
accordingly. The parties to abide by the decision rendered in the
said Special Civil Application No.12311 of 1994 and allied matters.
Rule is discharged accordingly with no order as to costs. Interim
relief, if any, stands hereby vacated. Liberty to revive in case of
difficulty.
(K.S.
Jhaveri, J)
Aakar
Top