HARISH KUMAR
Chandra Bhanu Kumar – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J. – This Court has heard Mr. Ram Sagar Singh, learned Advocate representing the petitioner and Mr. Hitesh Suman, learned counsel for the State. Ms. Ritika Rani, learned counsel for the Accountant General is also present.
2. The petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of the order dated 07.11.2022 passed by the State Appellate Authority in O.A. No. T-582/2022, whereby and whereunder, apart from holding the appointment of the appellant-petitioner to be illegal and fraudulent, cancelled his appointment from the date of appointment and also held that he does not possess any right to payment of pension. The petitioner further sought a direction upon the respondents to ensure payment of post retiral benefits to him along with due salary from the period 01.10.20018 to 30.04.2022 and also for grant of other consequential benefits for which he is found to be entitled under the law.
3. Bereft of unnecessary details, the facts of the case are that the petitioner having completed his graduation admitted for B.Ed. course in session 1986-87 in Soghra College of Education, Biharsharif under th
R. Vishwanatha Pillai vs. State of Kerala
S.M. Mansoor Akhtar vs. State of Bihar
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Qualifications obtained from unrecognized institutions prior to the N.C.T.E. Act are valid and should be recognized for employment purposes, as established by the Supreme Court.
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
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....
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