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ANIRUDDHA ROY
Subhas Chandra Patra – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANIRUDDHA ROY, J.
1. This is a hearing matter upon affidavits.
Facts:
2. The petitioner, at all material time had been discharging his duty as Headmaster of one Bora Junior High School (for short, the school), District Paschim Midnapore. Alleging diverse mismanagement in the affairs of the school, including misappropriation of school funds, the petitioner lodged complaint against the private respondents before the authority of the school. Criminal complaint was also lodged by the petitioner. The private respondents also resisted the petitioner from attending the school and discharging his duties as Headmaster of the school.
3. Since the school authorities and/or other appropriate authorities did not take any step as per the complaints of the petitioner, the petitioner filed the previous writ petition being WP No. 23204 (W) of 2017. A Coordinate Bench by its order dated September 11, 2017, Annexure P-2 at page 18 to the writ petition, had disposed of the said writ petition with the following observation:
A court exercising its equitable jurisdiction will not exercise such jurisdiction when a prima facie view of fraud has been opined by an expert and a properly constituted criminal trial is required.
The prosecution failed to establish a prima facie case of forgery or misappropriation against the petitioner, leading to the quashing of all proceedings.
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.
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....
Fraudulent documentation undermines claims for educational qualifications, disallowing entitlement effects from misrepresentation; courts emphasize integrity in certification processes.
Writ jurisdiction is discretionary and must exclude claims born from fraud; necessary parties must be included for maintainability.
Absence during inspections does not prove student admissions are bogus; proper evidence must be considered before imposing liability.
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