Employment obtained by fraud renders it voidable and cannot be sustained. Misrepresentation of educational qualifications through forged documents cannot be countenanced by a court of law.

JUDGMENT :

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Ms. H. Terangpi, learned standing counsel, Education (Secondary) Department, representing the respondent Nos.1 & 2.

2. The petitioner, by way of instituting the present writ proceeding, has presented a challenge to the Notification dated 16.01.2017 issued by the Director of Madrassa Education, Assam, by which his services as Head Mudaris of Lohajani Barbalarchar Pre-Senior Madrassa came to be terminated.

3. The petitioner was initially appointed as Head Mudaris of Lohajani Barbalarchar Pre-Senior Madrassa on 28.07.1996. The said Madrassa, at the relevant point of time, was in the venture stage. The case of the petitioner and other eligible staff of the said Madrassa came to be considered for provincialisation and upon such consideration being made under the provisions of the Assam Venture Madrassa Educational Institution (Provincialisation of Services) Act, 2011 (as amended) vide order dated 27.12.2013, the services of the petitioner came to be provincialised as Head Mudaris.

4. Poised thus, a show cause notice came to be issued to the petitioner on 18.08.2016 requiring him to submit his original mark-sheets pertaining to the Higher Secondary qualification acquired by him from the Assam Higher Secondary Education Council (hereinafter referred to as “the Council”). The said show cause notice was issued on the basis of a complaint received from one Abdul Karim (respondent No.4 herein). The said notice was followed by communications dated 18.08.2016 and 16.09.2016 requiring the petitioner to submit his written statement in the matter as well as to appear for an enquiry.

The petitioner submitted his written statement on 29.06.2016.

The respondent authorities thereafter on consideration of the matter, vide Notification dated 16.01.2017, holding that the certificates pertaining to the Higher Secondary qualification as submitted by the petitioner were all fabricated and counterfeit, as confirmed by the Council proceeded to terminate the services of the petitioner.

5. Being aggrieved by his termination, the petitioner preferred the instant writ petition.

6. Mr. A.R. Bhuyan, learned counsel for the petitioner has urged that the certificates as submitted by the petitioner to his Higher Secondary qualification for the purpose of his provincialisation were the same certificates that were handed over to him by his colleague Abdul Karim. It is contended by Mr. Bhuyan that the petitioner had appeared for his Higher Secondary Final Examination in the year 2007 and therein had secured compartmental in English paper. Thereafter, in the year 2008, the petitioner had appeared in the English subject as a compartmental candidate, however, his result was withheld. It is at that stage that Abdul Karim had assured the petitioner that he would clear the reasons behind withholding of the results of the petitioner and bring from the Office of the Council the certificates of the petitioner, which were subsequently brought and handed over to the petitioner. Mr. Bhuyan submits that it is these certificates that the petitioner produced before the authorities for the purpose of consideration of his case for provincialisation. It is thus, contended by Mr. Bhuyan that the petitioner is at not fault and he was actually a victim in the matter.

7. Mr. Bhuyan has submitted that the requirement of possessing a Higher Secondary qualification is not prescribed for holding the post of Head Mudaris in a Pre-Senior Madrassa and as such, even if it is held that the certificate of the petitioner pertaining to his Higher Secondary qualification is not acceptable, the petitioner still can be continued as a Head Mudaris of the Madrassa in question. It is further submitted by Mr. Bhuyan that the services of the petitioner having been provincialised, he had become a Government servant and without recourse to the provisions of the Assam Services (Discipline & Appeal) Rules, 1964 (hereinafter referred to as “