IMPORTANT POINT
Statutory bar of res judicata is not attracted when appointment is de hors the rules and hence a nullity.

JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. This appeal is preferred against the judgment dated 15.05.2014 passed by the High Court of Judicature at Allahabad allowing the Special Appeal No.1165/2012 filed by respondent No.1 observing that the appellant’s claim is barred by the principle of res judicata.

3. Brief facts which led to the filing of this appeal are as under:-Vidyapati Junior High School, Jageshwar, Murshangate, Mahamaya Nagar, District Hathras, U.P., which is an aided and recognized Junior High School, issued an advertisement on 28.07.2010 in the daily newspapers inviting applications from the eligible candidates for appointment on the post of Headmaster. Krishna Hare Gaur, the appellant along with Vinod Kumar Tyagi, respondent No.1 and several other persons applied for the said post. Respondent No.1 was selected and his appointment was approved by the District Basic Shiksha Adhikari on 09.09.2010 and appointment letter was issued on 10.09.2010. Based on the information obtained through RTI, the appellant made a representation dated 04.10.2010 to all the concerned authorities alleging that respondent No.1 had obtained appointment by using forged experience certificates along with his application. The appellant also submitted another complaint dated 15.10.2010 to the District Magistrate, Mahamaya Nagar. Since no action was taken by any of the authorities, the appellant filed Writ Petition No.70074/2010 raising objections to the said appointment. The learned Single Judge of the High Court, after hearing the parties, vide order dated 02.12.2010 directed the District Basic Shiksha Adhikari to pass a reasoned order within a period of six weeks. The District Basic Shiksha Adhikari, vide order dated 3.02.2011, rejected the representation of the appellant. Aggrieved by the said order, the appellant preferred Writ Appeal No.13537/2011, which was also dismissed, vide order dated 10.03.2011, holding that the District Basic Shiksha Adhikari has recorded a categorical finding that he inspected the original records and found that Respondent No.1 has requisite five years teaching experience.

4. In the meantime, the District Magistrate took cognizance of the appellant’s representations dated 04.10.2010 and 15.10.2010 and directed the Additional District Magistrate to conduct an inquiry and submit a report. The Additional District Magistrate submitted his report stating that the experience certificates filed by Respondent No.1 were bogus and obtained with the collusion of the principal of respective institutions. The District Magistrate forwarded the report to the Basic Shiksha Adhikari, vide order dated 09.4.2012, directing him to take appropriate action in the matter and report at the earliest. Pursuant to the finding and the report, the appointment of Respondent No.1 was cancelled by the Basic Shiksha Adhikari on 16.04.2012.

5. Aggrieved by the cancellation of appointment, Respondent No.1 filed Writ Petition No. 20297/2012 before the High Court, impleading the appellant herein as one of the respondents. The learned Single Judge of the High Court, vide order dated 22.05.2012, dismissed the writ petition on the ground that appointment of respondent No.1 is contrary to the statutory provisions as he did not possess the relevant experience certificates. Aggrieved by the above order, the respondent No.1 herein, preferred a Special Appeal No. 1165/2012 before the High Court which was allowed by the Division Bench by applying the principle of res judicata. Being aggrieved by the order of the Division Bench, the appellant (respondent No.8 before the High Court) preferred this appeal by special leave assailing the correctness of the order of the Division Bench.

6. We have heard learned counsel appearing for both the parties.

7. Learned counsel appearing for the appellant contended that respondent No.1 secured appointment to the post of Head Master by committing fraud on the basis of forged documents and such an appointment cannot