Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, PRANAV TRIVEDI, JJ.
Manjulaben Punaji Gameti (Principal) – Appellant
Versus
State Of Gujarat & Anr. – Respondents
R/LETTERS PATENT APPEAL NO. 238 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4803 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 238 of 2021 With R/LETTERS PATENT APPEAL NO. 252 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 4810 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2022 In R/LETTERS PATENT APPEAL NO. 252 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 4810 of 2016 With R/LETTERS PATENT APPEAL NO. 229 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 21869 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 229 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 21869 of 2016 With R/LETTERS PATENT APPEAL NO. 231 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 10616 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 231 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 10616 of 2016 With R/LETTERS PATENT APPEAL NO. 230 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 10635 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 230 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 10635 of 2016 With R/LETTERS PATENT APPEAL NO. 241 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4809 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 241 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4809 of 2016 With R/LETTERS PATENT APPEAL NO. 242 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4827 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 242 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4827 of 2016 With R/LETTERS PATENT APPEAL NO. 243 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4823 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 243 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4823 of 2016 With R/LETTERS PATENT APPEAL NO. 244 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4800 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 244 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4800 of 2016 With R/LETTERS PATENT APPEAL NO. 245 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4795 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 245 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4795 of 2016 With R/LETTERS PATENT APPEAL NO. 246 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4815 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 246 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4815 of 2016 With R/LETTERS PATENT APPEAL NO. 247 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4825 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 247 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4825 of 2016 With R/LETTERS PATENT APPEAL NO. 248 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4796 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 248 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4796 of 2016 With R/LETTERS PATENT APPEAL NO. 249 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4824 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 249 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4824 of 2016 With R/LETTERS PATENT APPEAL NO. 250 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4822 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 250 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4822 of 2016 With R/LETTERS PATENT APPEAL NO. 251 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4801 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 251 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4801 of 2016 With R/LETTERS PATENT APPEAL NO. 252 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4804 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 252 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4804 of 2016 With R/LETTERS PATENT APPEAL NO. 253 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4805 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 253 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4805 of 2016 With R/LETTERS PATENT APPEAL NO. 254 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4816 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 254 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4816 of 2016 With R/LETTERS PATENT APPEAL NO. 255 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4802 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 255 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4802 of 2016 With R/LETTERS PATENT APPEAL NO. 256 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4806 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 256 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4806 of 2016 With R/LETTERS PATENT APPEAL NO. 257 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4797 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 257 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4797 of 2016 With R/LETTERS PATENT APPEAL NO. 258 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4808 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 258 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4808 of 2016 With R/LETTERS PATENT APPEAL NO. 259 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4826 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 259 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4826 of 2016 With R/LETTERS PATENT APPEAL NO. 260 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4818 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 260 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4818 of 2016 With R/LETTERS PATENT APPEAL NO. 261 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4820 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 261 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4820 of 2016 With R/LETTERS PATENT APPEAL NO. 262 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4798 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 262 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4798 of 2016 With R/LETTERS PATENT APPEAL NO. 264 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4821 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 264 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4821 of 2016 With R/LETTERS PATENT APPEAL NO. 263 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4807 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 263 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4807 of 2016 With R/LETTERS PATENT APPEAL NO. 265 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4819 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 265 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4819 of 2016 With R/LETTERS PATENT APPEAL NO. 266 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4813 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 266 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4813 of 2016 With R/LETTERS PATENT APPEAL NO. 267 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4799 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 267 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4799 of 2016 With R/LETTERS PATENT APPEAL NO. 268 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4812 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 268 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4812 of 2016 With R/LETTERS PATENT APPEAL NO. 240 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4814 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 240 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4814 of 2016 With R/LETTERS PATENT APPEAL NO. 239 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4817 of 2016 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 239 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 4817 of 2016
Decided on : 05-04-2024
FRAUD - Appointment Termination - Gujarat Secondary Education Act, Sec.18 - The court discussed the appointments of Head-Masters and Teachers in schools run by Trusts, which were found to be based on fraudulent and fake orders by the State Government. The Committee constituted by the State Government found serious irregularities and terminated the appointments. The court upheld the decision, citing the provisions of Sec.18 of the Gujarat Secondary Education Act and the principles of natural justice.
Fact of the Case:
The Trusts and Head Masters and Teachers appointed in these Trusts run schools challenged the order dated 22.03.2016 passed by the State Government, which terminated their appointments based on fraudulent and fake orders by the State Government. The appellants argued that the appointments were in accordance with the law and that the termination violated the principles of natural justice.
Finding of the Court:
The court found that the appointments were based on fraudulent and fake orders, and serious irregularities were found in the recruitment process. The Committee constituted by the State Government undertook an inquiry, issued show cause notices, and terminated the appointments after due compliance with the principles of natural justice.
Issues: The issues revolved around the validity of the appointments, compliance with the principles of natural justice, and the authority of the Committee formed by the State Government.
Ratio Decidendi: The court held that the appointments were based on fraudulent and fake orders, and the Committee's decision to terminate the appointments was upheld. The court emphasized the importance of compliance with the provisions of the Gujarat Secondary Education Act and the principles of natural justice.
Final Decision: The court dismissed the appeals and upheld the decision of the Committee to terminate the appointments, citing the serious irregularities in the recruitment process and the principles of natural justice.
ORDER :
BIREN VAISHNAV, J.
1. These appeals under Clause 15 of the Letters Patent have been filed by the Trusts and Head Masters and Teachers appointed in these Trusts run schools aggrieved by the CAV judgment dated 27.02.2019 passed by the learned Single Judge.
2. Before the learned Single Judge, the Trusts as well as the Head Masters and Teachers who were appointed by such Trusts had challenged the order dated 22.03.2016 passed by the State Government, by which order, the Committee constituted by the State observed that the Trust who had appointed the Teachers and the Head Masters had made such appointments based on fraudulent and fake orders by the State Government and therefore not only was a decision taken that the amounts be recovered from these Trusts, but also the appointments of these appellants, Head-Masters and Teachers be put to an end. The challenge to these orders before the learned Single Judge failed, hence these petitions.
3. Briefly stated, taking the Letters Patent Appeal No.245 of 2021 as the lead matter which has been argued by the learned advocate Mr.A.M.Dagli for the appellant, it was the case of the appellant and the other similarly situated appellants before the learned Single Judge that the appointments of such Head-Masters and Teachers appointed in the schools run by the Trusts were in accordance with law. That it was pursuant to an advertisement published in the public newspaper that the appellants had applied. That they were qualified for such appointments and based on the approval of the District Education Officer, such grant– in–aid schools run by the Trusts appointed the appellants and they continued to serve thereunder. Based on a letter of one Shri Chirag Patel, the State Government undertook an inquiry and found that a large scale fraud had been committed, inasmuch as, the Trusts, without obtaining an N.O.C from the respective District Education Officers and based on fake or fraudulent administrative orders/approvals of the officials of the State Government, proceeded to undertake recruitment of such appellants. The Trusts which undertook such appointments also did so by including such schools under the Direct Payment Scheme as a result of which the salaries were directly credited by the government exchequer into the account of such teachers based on the grant-in-aid extended to such Trusts. Therefore, it was the case of the State that the Trusts and such teachers who were the beneficiaries were directly concerned in their appointments as a result of complicity of certain officials of the State Government who forged or faked approval resolutions based on which such appointments were made and accordingly, not only was the amounts sought to be recovered from the Trusts but the appointments of these appellants, Teachers and Head- Masters who also were the petitioners were terminated.
4. Mr.A.M.Dagli, learned advocate appearing with Ms.Payal Tuvar, learned counsel for the appellants, in the lead arguments on behalf of these appellants – appointees, would submit as under:
4.1 Having found on the basis of a preliminary enquiry that the District Education Officers of the relevant districts of Sabarkantha, Himmatnagar and Aravalli, had been guilty of preparing forged orders, FIRs were lodged against these officers. Based on such FIRs, which were a subject matter of proceedings in quashing matters and where stays were obtained, the appellants- Head Masters and Teachers were terminated without conducting any inquiry or granting any opportunity of hearing in complete disregard to the principles of natural justice.
4.2 Mr.Dagli, learned advocate, would submit that as long as fraud was not established in accordance with law by holding a disciplinary inquiry, the services of these Head Masters/Teachers could not have been terminated. The learned Single Judge committed an error in affirming the orders of the Committee and holding that the principles of natural justice had been complied with.
4.3 Mr.Dagli, learned a
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
Denial of salary without any justifiable reason cannot be countenanced.
Fraud vitiates all proceedings; employment obtained through fraudulent means does not require adherence to procedural protections under disciplinary rules.
Court in its jurisdiction under Article 226 of Constitution of India, where it is established that appointment is obtained by fraud, cannot allow fraud to perpetuate by accepting a plea of a person t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
