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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR SINHA
Amod Kumar Singh S/o Sri Satyanarayan Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. employment based on authentic examination results. (Para 2 , 4) |
| 2. validity of appointment based on undisputed records. (Para 3 , 5) |
| 3. dispute over marks must consider all relevant submissions. (Para 6 , 7) |
| 4. counter affidavits must reflect accurate claims and consistency. (Para 8 , 9 , 10 , 11 , 12) |
| 5. fairness in appellate authority decisions is imperative. (Para 17 , 20) |
| 6. merit lists require thorough verification and transparency. (Para 21 , 22) |
JUDGMENT :
Heard the parties.
2. The present writ application has been preferred seeking issuance of an appropriate writ, order, or direction for quashing the order dated 16.02.2018 passed by the Chairperson of the State Appellate Authority in Appeal No. 162/2017, whereby the appellate authority held that the marksheet submitted by the writ petitioner pertaining to the Intermediate Examination, issued by the then Bihar Intermediate Education Council, Patna, in the year 1994, was forged and fabricated. Consequent thereto, the appellate authority allowed the appeal preferred by the private respondent by setting aside the order dated 04.11.2011 passed by the District Teacher Employment Appellate Authority in Case No. 827/2008
An educational marksheet cannot be deemed forged without proper inquiry and substantial evidence, while public appointment must adhere to merit-based selection principles under natural justice standa....
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
An appointment secured through fraudulent documents is void ab initio, and no formal inquiry is required for cancellation; fraud vitiates all actions taken under such circumstances.
Point of law: If the University records a finding about any of the candidates holding tampered mark-sheets, then the order of termination/cancellation of appointments would have effect but it would b....
Candidates who fill incorrect marks that disadvantage them should not have their candidature cancelled, while those who gain an advantage through errors may face disqualification.
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....
Appellant has failed to make out a case for issuance of a writ in the nature of mandamus commanding the respondents to rectify the mistake made by her in her online submission
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