New Delhi: The Supreme Court refused to set aside the appointment of an assistant professor of Haryana's Maharshi Dayanand University (MDU) based on the apprehension that his PhD degree might be fake, saying the degree was not mandatory for the post.
A bench of Justices Dipankar Datta and Manmohan, however, directed Rohtak-based MDU to ascertain the authenticity of the degree and said that if it was found to be forged, then the university could inform police to prosecute the assistant professor.
The top court said the degree was not an essential qualification for the post and the respondent had independently fulfilled the mandatory requirement of having qualified the UGC-NET examination.
"This is a fit case, where exercise of power conferred by Article 142 of the Constitution is warranted. Documentary evidence on record does necessitate an inquiry to be conducted by Maharshi Dayanand University against the sixth respondent (assistant professor), once again, for verifying his PhD degree in the light of the disclosures made by Bundelkhand University and to reach a satisfaction that the PhD degree is genuine and that the sixth respondent never deceived it by projecting himself as a Ph.D degree holder," the bench said.
The PhD degree was allegedly issued by Bundelkhand University.
The vacancy for the post of assistant professor of physical education was advertised on February 14, 2018, by Sat Jinda Kalyana College, Rohtak, affiliated to MDU.
After the completion of the selection process, the sixth respondent (assistant professor against whom the inquiry has been ordered) emerged as the most-qualified candidate and was ultimately appointed to the post.
The top court directed MDU to undertake an inquiry to sift the grain from the chaff.
"In the inquiry, the sixth respondent shall be required to produce his PhD degree in original in the presence of the officials of Bundelkhand University who, in turn, shall be required to produce documentary evidence based on which the affidavit before this court came to be filed.
"The sixth respondent will be given opportunity to raise effective defence and extended the opportunity to cross-examine witnesses. Depending on the inquiry, which is to be conducted in accordance with principles of natural justice, further steps as permitted in law may be taken," the bench said.
The apex court said if the outcome of the inquiry is unfavourable to the assistant professor and the PhD degree is found to be a forged document, it shall be open to MDU, or Sat Jinda Kalyana College, or Bundelkhand University, or anyone else to lay the information before police to prosecute him for a criminal offence in accordance with law.
This report was published from a syndicated wire feed. Apart from the headline, the EdexLive Desk has not edited the copy.
