N.Sarguna v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2024

CORAM:

THE HON'BLE MS. JUSTICE R.N. MANJULA W.P. No.12076 of 2021 N. Sarguna Petitioner v The State of Tamil Nadu represented by the Secretary to Government Education Department Fort St. George Chennai 600 009 The Director of Elementary Education Chennai 600 006 The District Elementary Education Officer Tirunelveli The Additional Assistant Elementary Educational Officer Kadayam Tirunelveli District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to retrieve the original Karnataka Teacher Training Certificate bearing Regn. No.9946 and decide on the validity of the certificate and to give monetary benefits to the petitioner for the loss of employment.

For petitioner Ms. V.S. Manimekalai For respondents Mr. M. Rajendran Additional Government Pleader 1/6

ORDER

The petitioner, who was working as a Secondary Grade teacher with the erstwhile Gandhi Primary School, Kolayampillaiyur, was found to have produced a bogus Teacher Training Completion certificate. Hence, the Education Department initiated action against the petitioner. However, according to the petitioner, he got the said certificate from Karnataka Secondary Education Examination Board, Bangalore and the Regn. Number of the said certificate is "9946'. However, in the communication addressed by the Education Department, the Registration Number of the certificate is mentioned as "9925". It is for the authority concerned to consider about the genuineness of the certificate produced by the petitioner. It is pertinent to point out that the petitioner had earlier filed W.P. No.

35240 of 2003 challenging his termination and recovery proceedings initiated against him. The said writ petition was allowed vide order dated 17.07.2017 and the matter was remitted to the first respondent therein (who is the third respondent herein), for considering afresh, after issuing notice to the petitioner and affording him an opportunity of hearing. Thus, a fresh enquiry has been initiated pursuant to the order dated 17.07.2017 passed by this Court in W.P. No.35240 of 2003.

Now, the petitioner's grievance is that he is unable to produce the original certificate before the third respondent, as required by the third respondent vide proceedings dated 13.02.2018. This Court's attention was drawn to the proceedings of the second respondent dated 05.12.1988, wherein, it is stated that the petitioner's original certificate is forwarded to the third respondent. Based on the aforesaid proceedings, the learned counsel for the petitioner contended that when the original certificate is in the possession of the third respondent, the third respondent cannot pass any orders requiring the petitioner to produce the original certificate. Since the second respondent has forwarded the petitioner's original certificate to the third respondent, the third respondent can take up the same for the purpose of enquiry and he need not require the petitioner to produce the original certificate which is in his possession. 3/6

In such perspective of the matter, the third respondent shall consider the retention of the petitioner's original certificate in his office and take it up for the purpose of enquiry without insisting upon the petitioner to produce the same and appropriate orders shall be passed in accordance with the direction given by this Court vide order dated 17.07.2017 in W.P. No.35240 of 2003.

This writ petition stands disposed of with the above directions. Costs made easy.

30.01.2024 cad 4/6

To The Secretary to Government Education Department Government of Tamil Nadu Fort St. George Chennai 600 009 The Director of Elementary Education Chennai 600 006 The District Elementary Education Officer Tirunelveli The Additional Assistant Elementary Educational Officer Kadayam Tirunelveli District 5/6

R.N. MANJULA, J.

cad W.P. No.12076 of 2021 30.01.2024 6/6