Prayagraj, 21 April. In an important decision, Allahabad High Court provided a big relief to Mukesh Kumar Sharma, a headmaster of Gautam Buddha Nagar, by canceling the order of termination of his service. The High Court in its observation said that after almost three decades of impeccable service, a teacher cannot be removed merely on the ground that he had obtained two degrees in the same session, especially when there is no legal bar on doing so.
Justice Manju Rani Chauhan gave this order while hearing the writ petition filed by Mukesh Kumar Sharma. According to the case, the petitioner was appointed as an untrained assistant teacher in 1997 and later on completing the training, he was given regular pay scale. Based on a complaint in the year 2025, his services were terminated by the Basic Shiksha Adhikari on the ground that he had obtained both Intermediate and Physical Education Certificates regularly in the session 1993-94.
The court found that neither any regular departmental inquiry was conducted before this action nor was the petitioner given a fair opportunity to present his views, which is a flagrant violation of the principles of natural justice and the Uttar Pradesh Government Servants Discipline and Appeal Rules.
Citing the ‘Kuldeep Kumar Pathak’ case of the Supreme Court, the court said that if there is no statutory bar, then sitting in two examinations simultaneously cannot be made a ground for ineligibility. The court said that the educational certificates of the petitioner are still valid and they have not been canceled by any competent authority. The court rejected the dismissal order dated December 11, 2025 issued by BSA, terming it arbitrary and defective.
Comments are closed.