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IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Abhishek Maity – Appellant
Versus
West Bengal State University – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. The present appeal challenges the legality and propriety of the order dated 19.06.2025 passed by the learned Single Bench in WPA 11863 of 2025, whereby the writ petition preferred by the writ petitioner/appellant (hereinafter referred to as ‘the appellant’) was dismissed.
2. Briefly stated, the facts, as projected by the appellant in his pleadings, are that the appellant, who was a student of Basirhat College in the District of North 24 Parganas, affiliated to West Bengal State University, completed his B.Sc. (Honours) in Chemistry in the year 2014. He initially received his marksheet dated 4th August, 2014 in respect of the Part-III examination, which reflected that he had been awarded 25 out of 100 and 29 out of 100 in CEMA Papers V and VI respectively.
3. Being dissatisfied with the marks so awarded, the appellant applied for review of the answer scripts of the said papers. Subsequently, a provisional marksheet dated 29.12.2014 was issued indicating that his marks in the said papers had been increased by 7 and 8 marks respectively, raising them to 32 and 37. Thereafter, the appellant received the final marksheet dated 19th April, 2015.
4. F
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....
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 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....
The court emphasized the importance of correct roll number marking and upheld the authority of the respondent to re-evaluate the answer script based on the correct roll number.
Burden on employer to prove fraud in certificates; authentic endorsement and TMR code prevail over later denial without inquiry.
Fraudulent documentation undermines claims for educational qualifications, disallowing entitlement effects from misrepresentation; courts emphasize integrity in certification processes.
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