The Allahabad High Court has ruled that it is illegal to dismiss a teacher for taking two degrees simultaneously, if the appointed teacher possesses qualification of that post.
Authorities should decide sensitively on such subjects.
Petitioner was dismissed by the Basic Education Officer (BSA) on charges of obtaining two degrees in high school and its equivalent in a single academic session.
The Division Bench of Allahabad High Court has upheld the order of Single Judge setting aside dismissal order and dismissed the appeal filed by the BSA.
The bench of Hon’ble Chief Justice Govind Mathur and Hon’ble Justice Siddharth Verma has given this decision in the appeal.
Petitioner was appointed on the post of Assistant on 4 January 2016.
He was then promoted to the position of Principal of Junior High School.
On September 7, 2019, he was suspended and a inquiry officer was appointed for departmental inquiry.
After that a charge sheet was served on 13 January 2020.
In the chargesgeet the Petitioner was accused that he obtained the Madhyamma degree from Sampurnanand Sanskrit University Banaras in 1984 and in the same year he also passed
the high school examination from the UP Board Allahabad.
Qualified Teacher Cannot be Dismissed For Having Two Degrees
The Petitioner was dismissed on 11 June 2020 after a departmental inquiry report came out.
After that the order of Basic Education Officer Gorakhpur was challenged in Allahabad High Court.
Hon’ble Single Judge of the Allahabad High Court quashed the dismissal and directed for reinstatement.
The court observed that the dismissal order was in violation of principles of natural justice, as no opportunity of hearing was given.
Court also observed that if the teacher qualifies for the post as prescribed, then appointment cannot be held illegal.
In the appeal, the High Court has said that it is in the cognizance of BSA that the teacher has obtained two degrees.
So, if he possesses the required qualification of a Teacher, he cannot be punished with dismissal from his job.
The court has flatly refused to intervene in the Appeal of BSA.
It is to be noted here that recently the University Grants Commission has allowed perusing two degrees at a time. Provided one of them is through distance mode. Its a big relief for students and those employed in service, who in a bona manner pursued two degrees at a time.