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Promotions on fake PG degrees: Two Govt School Principals reverted as teachers

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VIVEK SHARMA

JAMMU: Taking action on fake post graduate degrees procured by many government teachers in Jammu and Kashmir, the Union Territory has withdrawn ab-initio all the promotions granted to two Government Higher Secondary School Principals Anita Sharma and Raman Chanyal and reverted them back to the posts of teachers.

Directorate of School Education has directed CEO Kathua to relieve Anita Sharma presently working as Principal in HSS Sarna, District- Samba and direct her to report to Chief Education Officer, Kathua for further adjustment as Teacher in District Kathua. Further, CEO Kathua is also directed to direct Raman Chanyal presently working as Principal HSS Machhedi to report to CEO office for adjustment as Teacher.

The J&K UT government took action on the basis of the report of the Directorate of School Education, which examined the case and recommended that the promotions granted to both may be withdrawn.
According to inquiry details, the Director School Education Jammu, vide communication No. DSEJ/Legal/12206-09 dated 19.04.2023 submitted the case of Anita Sharma wherein it was conveyed that initially she was appointed as Teacher in District Kathua and thereafter vide Government Order No. 17-Edu of 2004 dated 16.01.2004 she had been promoted as incharge Lecturer in the discipline of Chemistry and adjusted in Government Higher Secondary School, Mansar and after her joining in GHSS Mansar on January 29, 2004, she was asked by the then Principal to submit her original service books along with qualification certificates but she instead of providing her original certificates furnished photocopy of M.Sc. Degree in Chemistry which she had obtained from MAGADH University, Bodh Gaya in one sitting examination in the year 2003.
The then Principal, HSS Mansar, District Udhampur withheld her annual increment as well as charge allowance with effect from February 2004 to February 2006 as she failed to submit her original degree of M.Sc. in Chemistry in the school for proper verification of the same. Thereafter, the petitioner thereafter approached the High Court, Jammu through a writ petition, bearing SWP No. 577/2003 titled Anita Sharma v/s State and Ors, which stands disposed off on April 22,.2008 with the direction, ” Neeru Goswami, Dy. AG further submitted that in case the petitioner again applies for the sanction of extraordinary leave for study, then her application will be considered by the respondent-1 according to the rules within a period of three months. With regard to the prayer of the petitioner that her annual increment be released, the said relief has already been granted in her emoluments and charge allowance has been placed on record. In view of the statement of the learned deputy AG, this petition is disposed of.”
In compliance with the aforementioned directions, charge allowance was released in favour of Anita Sharma from February 2004 to February 2006 but her annual increments during this period remained withheld for want of clarification regarding authenticity of her degree of M.Sc. in Chemistry which she had obtained from Magadh University.
Anita Sharma again approached the High Court through a medium of Contempt Petition, bearing CPSW No. 135/2008 titled Anita Sharma v/s G.A Peer and others, for non-compliance of court order of April 22, 2008 which is still pending for adjudication: and after examination, it came to fore that she had obtained her M.Sc. Degree in Chemistry from Magadh University, Bodh Gaya in one sitting examination which has created doubts regarding the validity/authenticity as well as applicability of the said degree in the UT of J&K.
The Directorate took up the matter with Registrar, University of Jammu as well as Secretary, Public Service Commission. J&K vide communications No. DSEJ/Legal/8815-16 dated 12.03.2019 and DSEJ/legal/97/9704-05, dated March 18, 2019 respectively; and vide letter No. DSEJ/Legal/12144-45, dated March 25, 2019, the Directorate of School Education, Jammu had requested this Department to take up the matter with the Equivalence Committee constituted for the purpose in Higher Education Department, Civil Secretariat. J&K, so as to verify the genuineness of the said degree.
In response, University of Jammu vide letter dated July 1, 2019 had apprised that there is no norm of one sitting examination for the whole time two year M.Sc Course in Chemistry in this University and for verification/authentication, the concerned University may be approached. Thereafter, vide letter No. DSEJ/Legal/32446 dated October 15, 2019. Directorate requested the Vice Chancellor, MAGADII University to make clarification regarding the genuineness of the M.Sc Degree in Chemistry obtained by the petitioner in one sitting and simultaneously, vide letter No. DSEJ/Legal/32445 dated October 15, 2019 again requested the Administrative Department to impart further instructions in the matter.
Meanwhile, the High Court on December 31, 2019 issued directions that “….Grant of annual increment to the petitioner rests on authentication and verification of the M.Sc Degree relied upon by the petitioner as issued by the MAGADH University, Bodh Gaya.
It was submitted by. Aseem Suwhey, counsel for the respondents, that the same is still awaited. Anita had placed reliance on the verification effected on the similar Degree issued to one Raman Chariyal.
And the case of Raman Chariyal, if the submission of the petitioner is correct and permissible, the government may adopt the similar procedure in the case of her as well.”
The High Court on October 25, issued directions, which read inter-alia “Perusal of the order would reveals that the petitioner had to apply for the sanction of extra ordinary leave for study to be considered by respondent No.1 according to the rules within a period of three months. Accordingly to the counsel for the petitioner, an application in this regard had been submitted before the respondent No. 1, however, counsel for the petitioner is not aware of the status of the said application. Ravinder Gupta, AAG, appearing counsel for the respondents to verify the petition and report the same without filing any status or compliance report”.
The after aforementioned direction and keeping in view the communication No.Edu/Legal/1/130/08. dated December 15, 2008 of Administrative Department, compliance report has been filed before the High Court on December 1, 2021, wherein, it has been stated that no representation had been received by the Administrative Department from the petitioner. However, an application dated May 12, 2008 was submitted by the petitioner for release of her annual increments and the Directorate of School Education, Jammu has now informed that the entire case file of the petitioner has been examined by the post facto committee and after thorough examination, the committee found that single sitting courses were discontinued by UGC with effect from 1998 onwards at PG level and further the students already registered were allowed to complete their course by June 30, 1999. therefore, the degree obtained by the petitioner in single sitting mode from Magadh University, Bodh Gaya, has no equivalence with the two year degree course as per UGC norms. Further, the information brochure of Post Graduate Programmes in Open and distance learning mode of Magadh University, Bihar clearly reflects the fact that the said university offered only PG in Humanities and no such course has been offered by the said University in Science Stream.
The said Teacher on the basis of this degree had already been promoted as Lecturer in Chemistry, then placed as Senior Lecturer and now promoted as look-after Principal in the School Education Department vide Government Order No. 32-JK-(Edu) of 2023 dated February 02.2023 and accordingly, adjusted in Higher Secondary School Sarna. Samba; and the Director School Education Jammu requested for review of the instant case and also review the case of Raman Chanyal as directed by the Court vide its order dated December 31, 2019 in view of example quoted by the petitioner that he had also obtained degree of M.Sc in Physics from the same university and also necessary instructions in the matter may kindly be imparted in order to proceed further accordingly.
On perusal of the marks sheet/degree of the petitioner (Anita Sharma) issued by Magadh University. Bodh Gaya, it has been found that she registered herself for the said course i.e. PG (Chemistry) under registration No. 133 of 1998 and appeared for the examination held on May 2002 and passed the same on March 6, 2003 (under single sitting). However, there is nothing mentioned anywhere in the marks sheet/degree awarded by the concerned University that the petitioner has passed the said course in regular or distance mode.
In respect of other private respondent namely Raman Chanyal as directed by the High Court, it is submitted that from perusal of the marks sheet/degree of Raman Chanyal issued by the Magadh University, Bodh Gaya registered himself for the course i.e. PG (Physics) under registration No. 5797 of 1996 and appeared for the examination held on May 2002 and passed the same on 15.12.2002 (under single sitting also). However, there is nothing mentioned anywhere in the marks sheet/degree awarded by the concerned University that the petitioner has passed the said course in regular or distance mode; and the University Grants Commission (UGC) vide its communication dated January 21, 1998 has already given directions on the issue of validity of M.A/M.Sc/M.Com Degree (one sitting) that:
“The Commission has considered the request and representation received from several candidates regarding the validity of M.A/M.Sc/M.Com Degree (one sitting) and decided that no University may be allowed to enroll candidates for one sitting M.A/M.Sc/M.Com from the academic year beginning in 1998 onwards and the students already registered may be allowed to complete their course by 30th June, 1998 and the degree awarded to these candidates up to that period may be treated as valid.” And both the petitioner (Anita Sharma) as well as private respondent (Raman Chanyal) have passed their degrees in science stream (under single sitting) from the same University (Magadh University, Bodh Gaya) on March 06, 2003 and December 15, 2002 respectively i.e. after the cut off the date as fixed by the UGC (May 30, 1998). Hence, it reveals that both these degrees as obtained by petitioner as well as private respondent are not recognized in terms of aforementioned directions of the UGC; and presently the petitioner (Anita Sharma) has been promoted as look-after Principal vide Government Order No. 32-JK (Edu) of 2023 dated February 2, 2023 and accordingly, adjusted in Higher Secondary School, Sarna, Samba. Besides, the private respondent (Raman Chanyal) is presently working as Senior Lecturer in the Department on the basis of said degree; and
Whereas, the High Court, Jammu in the instant case (CPSW No. 135/2008, IA No. 2/2018, 1/2018. CM No. 1764/2019 (1/2019) 2127/2019 (2/2019) has issued following directions on May 29, 2023.
“In the interest of justice, one last and final opportunity is granted to the respondents to file statement of facts by or before the next date of hearing, failing which, respondents shall remain present before the Court on the next date of hearing, and
Whereas, reported by Director School Education Jammu in the communication No. DSEJ/Legal/12206-09, dated April 19, 2023 that the case of the petitioner was examined by the post-facto committee which has reported as; and
“The committee found that single sitting courses were discontinued by UGC with effect from 1998 onwards at PG level and further the students already registered were allowed to complete their course by 30th June, 1999, therefore, the degree obtained by the petitioner in single sitting mode from Magadh University, Bodh Gaya, have no equivalence with the two year degree course as per UGC norms. Further, the information brochure of Post Graduate Programmes in Open and distance learning mode of Magadh University, Bihar clearly reflects the fact that the said university offered only PG in Humanities and no such course has been offered by the said University in Science Stream.”
The government order states that the case was further examined and it was decided that the promotions granted to the petitioner Anita Sharma and the private respondent Raman Chanyal may be withdrawn on the basis of the report of the Directorate, and
Now, therefore based upon above facts of the case, it is hereby ordered that all the promotions which were granted to the petitioner (Anita Sharma) as well as the private respondent (Raman Chanyal) are hereby withdrawn ab-initio and they are reverted back to the posts of Teachers, the government order vide number CPSW No. 135/2008 titled Anita Sharma VS G A Peer and Others states.
Meanwhile, the Directorate of School Education has directed CEO Kathua to relieve Anita Sharma presently working as Principal in HSS Sarna, District- Samba and direct her to report to Chief Education Officer, Kathua for further adjustment as Teacher in District Kathua. Further, CEO Kathua is hereby also directed to direct Raman Chanyal presently working as Principal HSS Machhedi to report to CEO office for adjustment as Teacher.

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