Appointments secured by misrepresentation or on the basis of forged documents are non est in the eyes of the law and do not create any right in favor of the person so appointed. Fraud vitiates everything, and the principles of natural justice do not apply to illegal appointments.

ORDER :

1. The petitioner in the instant petition filed under Article 226 of the Constitution of India has implored for the following reliefs :

(i) Writ of certiorari so as to quash the order no. P8-10/13-103 dated 25-08-2014 passed by the respondent no. 4 whereby the petitioner has been removed from the service illegally, unconstitutionally and against the provisions of law, praying for setting aside the same, being not sustainable under law which is require to be quashed in the interest of justice after calling the record.

(ii) Writ of mandamus so as to command and direct the respondents to reinstate the petitioner into service with all consequential benefits in the interest of justice.

(iii) And for issuance of any other appropriate writ, command, direction or order as this Hon’ble Court may deem just and proper in the facts and circumstances of the case.

2. The facts under the cover of which the aforesaid reliefs have been prayed for by the petitioner are that in the month of February, 1998, the petitioner being a surrendered militant came to be recruited as Constable “General Duty” (GD) in the Central Reserve Police Force (for short ‘the CRPF’) by way of rehabilitation policy issued by the respondent 1.

3. It is being stated that the petitioner prior to his appointment have had passed 8th class examination from the “Public Education Trust Model School Ari, Poonch” and had also submitted 9th pass certificate, though, same was not relevant at the time of his appointment.

4. It is being further stated that after rendering 16 years of unblemished service in the Force, an enquiry came to be ordered against the petitioner upon a complaint filed before the respondent 4 herein regarding the educational qualification of the petitioner.

5. It is being also stated that the respondents hurriedly did not consider the reply filed by the petitioner to the complaint proceedings compelled the petitioner to approach this Court by way of SWP No. 2296/2014 and the said petition came to be disposed of on 26.08.2014 with a direction to the respondents that before passing any final order based upon the enquiry report, the reply submitted by the petitioner to the show cause notice and the enquiry proceedings be also considered.

6. It is being next stated by the petitioner that despite the order passed by this Court on 26.08.2014 the respondents issued impugned order dated 25.08.2014 removing the petitioner from service. Aggrieved whereof, the petitioner preferred an appeal before the appellate authority on 24.09.2014.

7. The petitioner has challenged the impugned order of his removal from service dated 25.08.2014 inter alia on the grounds that the same has been issued in a hasty manner without application of mind against the established procedure of law inasmuch without waiting for the verification from the Police Station, Mendhar pertaining to the certificate of the petitioner and that the impugned order has been passed contrary to law ignoring the 16 years unblemished service rendered by the petitioner as also the fact that the petitioner have had been recruited as Constable on the basis of 8th pass certificate alone and 9th pass certificate had no relevance and that the respondents did not follow the provisions of the CRPF Act, 1949 and Rule 27 (c) of the CRPF Rules of 1955.

8. Objections to the petition have been filed by the respondents opposing the same inter alia on the premise that the petitioner was appointed as Constable GD on 17.02.1989 in relaxation of requisite educational qualification 10th pass on the basis of 9th pass qualification certificate issued by the Principal Government Higher Secondary School, (Boys) Mendhar dated 15.02.1996 bearing Roll No. 113 of Session 1995.

9. It is being next stated that a compliant dated 09.11.2012 came to be made by one Imitiaz Ahmed Khan to the office of Director General CRPF wherein it had been alleged that the petitioner has got recruited in the Force by producing fake educational certificate of