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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN
Director of Government Examinations Directorate of Government Examinations – Appellant
Versus
J.Earnest Jabin – Respondent
| Table of Content |
|---|
| 1. background of certificate verification and re-totalling process. (Para 2 , 3 , 13) |
| 2. appellants allege bogus certificate based on directorate records. (Para 4 , 5) |
| 3. respondent denies fraud; burden on employer. (Para 6) |
| 4. court upholds writ order for lack of proof and inquiry. (Para 7 , 8) |
| 5. tmr and certificate details mismatch allegations. (Para 9 , 11 , 12) |
JUDGMENT :
M.JOTHIRAMAN, J.
Under assail is the order passed in W.P.(MD).No.13156 of 2023 dated 30.10.2025.
2.Originally the first respondent/writ petitioner has challenged the impugned order passed by the third appellant/Chief Educational Officer, dated 30.05.2023 and the consequential order of removal from service passed by the second respondent/ Correspondent, Aided Higher Secondary School dated 30.05.2023. The learned Writ Court allowed the writ petition and directed the appellants to permit the writ petitioner to continue in the post of P.G.Assistant with continuity of service and all eligible attendant benefits.
3.It is the case of the writ petitioner that he was appointed in the post of P.G.Assistant (History) on 01.12.2015. He possess all the requisite qualifications of B.Ed., B.A.(History and Tourism), M
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.
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....
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 means, such as a forged educational certificate, is void ab initio, and the individual is not entitled to any employment benefits or protections under the la....
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