JUDGMENT

Mr. Ravi Shanker Jha, CJ. (Oral)

This appeal has been filed by the appellant being aggrieved by order dated 10.03.2023, passed in CWP-22231-2020, whereby the appellant's petition, seeking quashing of the order dated 16.12.2020, vide which the services of the petitioner on the post of Lower Divisional Clerk in the establishment of respondent(s) has been terminated for producing a fraudulent certificate, has since been dismissed by the learned Single Bench of this Court.

2. The facts leading to filing of the present appeal are that the respondent-authorities issued an advertisement in the year 2016 for making appointment to the posts of Lower Divisional Clerks. The appellant applied pursuant to the same and along with her application, she filed document to indicate that she had 'O' Level course certificate issued by NIELIT, which was a necessary eligibility qualification prescribed in the advertisement. Thereafter, the appellant on the basis of the said certificate appeared in the selection process and was ultimately appointed as LDC, vide letter dated 10.06.2019.

3. The respondent-authority got the authenticity and veracity of 'O' Level certificate produced by the appellant verified and found that the same was not genuine as the Controller of Examination, NIELIT, New Delhi, vide its letter dated 19.08.2020, informed the Nigam that registration No.642354 of 'O' Level certificate produced by the appellant was in fact issued to some other candidate and the certificate relied upon by the appellant for the purposes of claiming eligibility and appointment had never been issued to her by the NIELIT.

4. On the basis of the said information and the letter sent by the Controller of Examination, NIELIT, the respondent-authorities issued a show cause notice to the appellant and thereafter finding that the 'O' Level certificate submitted by the appellant was fraudulent, issued the impugned order dated 16.12.2020 terminating her services.

5. The appellant being aggrieved filed civil writ petition before this Court, which has been dismissed by the learned Single Judge on the ground that the attempt of the appellant to obtain employment by practicing fraud vitiated the appointment. The learned Single Judge has relied upon a Single Bench's decision of this Court in CWP No.23717 of 2021, titled Madhulika v. DHBVNL and others, decided on 22.09.2022, and a decision of the Division Bench of this Court in Managing Committee, Goswani Ganesh Dutt Sanatan Dharam College, Palwal and another v. Sabir Hussain and others , 2022 (2) SCT 386 .

6. Learned Senior counsel for the appellant submits that even if the 'O' Level certificate submitted by the appellant has been found to be fraudulent and is ignored, the appellant even otherwise fulfills the eligibility qualification prescribed by the authorities as she possessed a BCA degree, which was a qualification subsequently prescribed and accepted by the authorities. He, therefore, submits that as the appellant fulfills the necessary eligibility qualification even without considering the 'O' Level certificate, and was granted appointment and has worked on the post, the impugned order of termination deserves to be set aside. He submits that the learned Single Judge not having given adequate weight to the said argument of the appellant has committed an illegality warranting interference by this Court.

7. We have heard the learned counsel for the appellant at length and have also perused the order passed by the learned Single Judge and the records of the ca