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ANJANI KUMAR SHARAN
Ramesh Kumar Trivedi S/o Late Brajnandan Trivedi – Appellant
Versus
State of Bihar through Principal Secretary, Education Department – Respondent
JUDGMENT :
Anjani Kumar Sharan, J.
Heard the parties.
2. The present writ application has been filed on behalf of the petitioners for the following reliefs:-
Appeal No.401/2017 and also consequential order contained in Memo No.471 dated 05.09.2013 issued under the signature of respondent no.6 and memo no.151 of 2013, dated 13.12.2013 issued by the respondent no.5 whereby and whereunder the petitioners were terminated from the post of Prakhand Teacher.
(ii) For directing the respondent authorities to reinstate the petitioners in service with all consequential monetary benefit as the certificates of the petitioners are valid.
(iii) For issuance of any other direction/order for which the petitioner shall be found entitled to under the facts and circumstances of the case.
3. Learned counsel for the petitioners submits that the case at length is that, an advertisement was published in the year 2008 for appointment of Block Physical Teacher and other posts. As per the said advertisement, certificate in Physical Education (C.P.Ed.) was requisite qualification. Since, the petitioners had passed physical education from Nav Bharat Shiksha Parish
The court upheld the termination of petitioners as they failed to prove their qualifications from a recognized institution, violating no principles of natural justice.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
Termination of employment based on fraudulent documents is valid without a hearing, negating any employment rights.
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