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HIGH COURT OF ALLAHABAD
M.Katju
NARASH KUMAR
Versus
SAHAYAK ANUSANDTTAN ATIHLKAR IV JAL VIGYAN KHAND 2 HARIDWAR
Decided On : 05 September 1995
Civil Misc. W. P. No. 24480 of 1995
FRAUD - ADOPTION - The court dismissed a writ petition seeking mandamus for appointment under the dying in harness rules, finding the case to be fraudulent due to discrepancies in the alleged adoption deed and concluding that the practice of fraudulent cases for job acquisition must be stopped.
Fact of the Case:
The petitioner filed a writ petition seeking mandamus for appointment under the dying in harness rules, claiming to be the adopted son of a deceased person.
Finding of the Court:
The court found the case to be fraudulent based on the discrepancies in the alleged adoption deed and the timing of the adoption, concluding that the practice of fraudulent cases for job acquisition must be stopped. The writ petition was dismissed and the appeal was also dismissed.
Issues: Fraudulent adoption claim for job acquisition.
Ratio Decidendi: The court emphasized the need to prevent fraudulent practices for job acquisition and highlighted the discrepancies in the alleged adoption deed as evidence of fraud.
Final Decision: The writ petition seeking mandamus for appointment under the dying in harness rules was dismissed.
This writ petition has been filed for mandamus directing the respondents to appoint the petitioner under the dying in harness rules. The petitioner claims to be the adopted son of a person who died in harness.
2. This is a totally fraudulent case. The alleged adoption deed is Annexure 6 to the writ petition. A perusal of the alleged deed dated 15-2-94 shows that the alleged adoption allegedly took place 14 years earlier i. e. in 1980. Hence it cannot be believed. The petitioners allegation that while the adoption took place in 1980 the adoption deed was prepared in 1994, which is clearly unbelievable. This is a clear case of fraud which has been practised in order to get job by back door and in illegal manner. If there was a genuine adoption the adoption deed would have been prepared at the time of adoption, and not 14 years later. Several cases have come before me of similar nature where fraudulent cases has been set for getting a job. The time has now come that ibis practice must be stopped.
3. The writ petition is dismissed.
Appeal dismissed.
.
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