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P. B. BAJANTHRI, ARUN KUMAR JHA
Nazir Hussain – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J. – Learned counsels for the appellant and the respondents have been heard.
2. The present L.P.A. is directed against the judgment dated 09.02.2021 passed in CWJC No. 7422 of 2020 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the appellant has been dismissed.
3. In the writ petition, the appellant-petitioner has sought following relief: –
“(i) For quashing the order as contained in memo no.2359 dated 29.11.2019 issued under the signature of respondent no.5 whereby and whereunder the petitioner has been terminated from the service pursuant to the direction given by respondent no.4.
(ii) Also for commanding the respondents to reinstate the petitioner to the post of panchayat teacher of middle school Islampur, Block Goraul, District- Vaishali and grant all consequential benefits to the petitioner w.e.f. the date of termination.
(iii) And for any other relief (s) for which petitioner is found to be entitled in view of the facts and circumstances of the case”.
4. Brief facts of the case are that an advertisement was published for appointment of Block Teacher. The appellant having requisite qualification applied and followin
The court affirmed that a valid Adeeb-e-mahir degree is equivalent to intermediate qualifications, allowing the petitioners to continue their roles as teachers despite state claims of non-recognition....
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
The main legal point established in the judgment is that the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
An appointment secured through fraudulent means, such as a forged educational certificate, is void ab initio, and the individual is not entitled to any employment benefits or protections under the la....
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
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