NAVDEEP versus STATE OF PUNJAB AND ORS.

Citation: [2006] SUPP. 1 S.C.R. 753 · Decided: 03-05-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off

Judgment (excerpt)

NAVDEEP 
A 
v. 
STA TE OF PUNJAB AND ORS. 
MAY 3, 2006 
[ARIJIT PASA YAT AND R.V. RAVEENDRAN, JJ.] 
B 
Service Law: 
Termination-Furnishing of tampered mark-sheet at the time of 
selection-Enquiry Officer's report stating that tampering was to project C 
eligibility for selection-Held: Enquiry Officer's conclusion cannot be termed 
as perverse to warrant any interference-However, employee having worked 
for JO years with blemishless record, Government may consider her 
reappointment-Administrative action. 
Appellant, a Teacher in Government School was terminated from service D 
on the ground that at the time of selection, she had submitted tampered 
marksheet. She filed Writ Petition before High Court challenging the 
termination order. An enquiry was conducted. Enquiry Officer submitted a 
report indicating that while the total marks in the mark sheet remained same, 
there was reduction of marks in one subject and increase in another and that -E 
although she had not obtained any advantage out of it, yet the obvious purpose 
of tampering was to obtain a certain percentage of marks required for being 
eligible to get Government job. High Court accepted the report and dismissed 
Writ Petition. Hence the present appeal. 
Disposing of the appeals, the Court 
F 
HELD: The Enquiry Officer's report is based on evaluation of the 
materials examined by him. There is no dispute raised by the appellant that 
she had secured 86 marks in Economics and not 124, and similarly in 
Computer Application she had secured 140 marks and not 102. The obvious 
purpose for the change, is to project that she had secured certain percentage G 
of marks which made her eligible for admission into the higher courses. The 
Enquiry Officer's conclusions cannot be termed as perverse to warrant any 
interference. That being so, the action taken by the authorities cannot be 
faulted. But at the same time it is not disputed by the respondents that the 
753 
II 
754 
SUPREME COURT REPORTS (2006] SUPP. I S.C.R. 
A appellant possess the minimum educational qualification for admission even 
though the tampered marks are out of consideration. A person who resorts 
to tampering of mark sheet should not be shown any leniency. But considering 
the fact that she had rendered about 10 years of service without almost any 
blemish and appears to have otherwise a good academic record, on the peculiar 
B facts of the case, the Government must consider whether a fresh appointment 
can be given to her ignoring the tampered marks. It is entirely in the 
discretion of the Government, and no mandate is issued.1753-B-El 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2447 of 2006. 
C 
From the Judgment and Order dated 12.8.2004 of the High Court of 
Punjab and Haryana at Chandigarh in C.W.P. No. 14654/2003. 
Sudhir Walia and Mahinder Singh Dahiya for the Appellant. 
S.K. Gambhir, A.S. Sona!, Sarup Singh, R.K. Pandey, Arnn K. Sinha, Ram 
D Ekbal Roy, Harshvardhan Jha and M.P. Jha for the Respondents. 
The Judgment of the Court was delivered by 
ARIJIT PASAYAT, J. Leave granted. 
Challenge in this Appeal is to the legality of judgment rendered by a 
E Division Bench of the Punjab and Haryana High Court dismissing the writ 
petition filed by the appellant who had questioned her termination of services 
by the respondents I to 4 i.e. State of Punjab and its functionaries. The order 
of termination was passed on the ground that she has tampered with her mark 
sheet to get employment. Enquiry was conducted and it was found that she 
F had tampered with the mark sheet. 
Background facts in a nutshell are as follows : 
After passing the matriculation examination, appellant joined R.R. Bawa, 
DAV College for Girls, Batala, Punjab under the Guru Nanak Dev University, 
G Amritsar, (in short the 'University') respondent No.5. In June, 1995 she 
passed the B.Sc. (Economics), Part lil examination securing 418 marks out of 
800 marks. On the basis of the mark list submitted, she was admitted to the 
B.Ed. course under the University and passed the B.Ed. examination also. She 
was selected as JBT teacher in a Government aided School i.e. Ved Kaur Arya 
Girls High School, Quadian, Gurdaspur for teaching mathematics. While working 
H as a teacher she completed her M.A. (Economics) examination by 
NAVDEEPv. STATEOFPUNJAB[PASAYAT,J.] 
755 
correspondence course from Punjab University, Patiala. While she was working A 
as JBT teacher a news item was published indicating that 55 teachers obta

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