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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Shilpi Kumari – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writ challenges termination for invalid tet certificate. (Para 1 , 2) |
| 2. petitioner's qualifications, appointment, and training history. (Para 3 , 4) |
| 3. show-cause issued post jac fake tet verification. (Para 5 , 6) |
| 4. article 311 mandates full inquiry for termination. (Para 7 , 8) |
| 5. simpliciter dismissal for fake certificate, no stigma. (Para 9) |
| 6. no article 311 protection for forged certificates. (Para 10 , 11 , 12 , 13 , 14) |
| 7. writ dismissed; amicus curiae reimbursed. (Para 15 , 16 , 17) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsels for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs:
(a) For quashing the order dated 09.01.2017 (Anexure-9) passed by the District Superintendent Of Education, Dhanbad by which the Petitioner who had been working as Assistant Teacher, Primary School, Chitladanga has been show caused and has been later on terminated from her service on the ground of submitting the invalid Τ.Ε.Τ Certificate (Teacher Eligibility Test) which is alleged not to have actually been issued by Jharkhand Academic Council.
(b) For issuance of writ in the nature of mandamus commanding
Provisional employee submitting forged qualification certificate not entitled to Article 311 protection; termination without full inquiry valid upon verification confirming forgery.
Termination of employment based on fraudulent documents is valid without a hearing, negating any employment rights.
A teacher's dismissal without following disciplinary procedures is unlawful, and a candidate pursuing a Teacher Training Course is eligible for the Teacher Eligibility Test.
The court upheld the termination of petitioners as they failed to prove their qualifications from a recognized institution, violating no principles of natural justice.
The main legal point established in the judgment is that without the minimum qualification, an employee has no right to continue in public employment, even if the employee was not at fault for obtain....
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
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