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IN THE HIGH COURT OF ALLAHABAD
HON’BLE SUBHASH VIDYARTHI
Ashok Kumar Singh – Appellant
Versus
State Of Uttar Pradesh And 4 Others – Respondents
Writ A No. 1064 of 2021, WRIT -A No. - 6500 of 2022, WRIT -A No. - 7672 of 2024
Decided on : 22-07-2024
FORGED CERTIFICATE - EMPLOYMENT DISPUTE - U.P. Intermediate Education Act, Section 16 E (10) - The court discussed the implications of obtaining employment through forged educational certificates, emphasizing that such appointments are void ab initio. The court interpreted Section 16 E (10) of the U.P. Intermediate Education Act, which allows for termination of service in cases of fraudulent qualifications, and highlighted the necessity of maintaining integrity in public service. This legal framework was pivotal in the court's decision to uphold the termination of the petitioner’s employment.
Fact of the Case:
The petitioner was appointed as an L.T. Grade Teacher on an ad-hoc basis in 1993 based on qualifications that included a B.Ed. degree, which he later claimed was not essential for the position. However, it was discovered that the B.Ed. marks-sheet he provided was forged, leading to an inquiry and subsequent termination of his service.
Finding of the Court:
The court found that the petitioner had secured his appointment through fraudulent means by submitting a forged B.Ed. marks-sheet. The court held that the appointment was null and void, and the petitioner was not entitled to any benefits or salary due to the fraudulent nature of his appointment.
Issues: Whether the petitioner was entitled to employment and benefits despite having obtained his position through a forged educational certificate, and whether he was given adequate opportunity to defend himself during the inquiry process.
Ratio Decidendi: The court established that an appointment obtained through fraud is void ab initio, and that individuals who secure employment through forged documents are not entitled to claim any rights or benefits associated with that employment. The court also emphasized that the principles of natural justice do not apply in cases of fraud.
Final Decision: All three Writ Petitions filed by the petitioner were dismissed, affirming the termination of his employment due to the fraudulent acquisition of his position.
JUDGMENT :
HON’BLE SUBHASH VIDYARTHI
1. Heard Sri. Rahul Jain, the learned Counsel for the petitioner, Sri. Shailendra Singh, the learned Standing Counsel for the State of U. P. appearing for the respondent nos. 1 to 3 and Sri. Ramesh Chandra Dwivedi, the learned Counsel for the respondent no. 4 – Committee of Management, Janta Inter College, Ramkola, Kushi Nagar.
2. All the three Writ Petitions have been filed by the same petitioner relating to the same set of disputes, as would appear from the narration made in the following paragraphs and, therefore, the three Writ Petitions are being decided by a common judgment.
3. Briefly stated, the facts pleaded in the Writ Petitions are that on 30.01.1993 the Committee of Management, Janta Inter College, Ramkola, Deoria (Now Kushi Nagar) passed a resolution for appointment of the petitioner as an L.T. Grade Teacher on ad-hoc basis against a short term vacancy till return of one Rakesh Govind Ram to his original post. The District Inspector of Schools, Deoria granted approval and financial sanction to the petitioner’s appointment by means of an order dated 04.03.1993, in which the description of the petitioner is “Ashok Kumar Singh, B.Sc. Agriculture, B.Ed.” The Manager of the College issued a letter to the petitioner on 06.03.1993 appointing him on ad-hoc basis till a regularly selected candidate joins the post. The petitioner took charge of the post on 10.03.1993.
4. The petitioner has pleaded that he possesses B.Sc. Agriculture and M.A. Political Science qualifications and he does not possess a B.Ed. degree and that B.Ed. was not an essential qualification for the post on which he was appointed and he had been appointed on the basis of the qualification which he actually possessed.
5. On 15.09.2008, the Regional Level Selection Committee recommended regularization of the petitioner’s service and it was specifically mentioned in the resolution that if any fact regarding the ad hoc appointment of the petitioner has been concealed, the regularization of the petitioner’s service shall automatically stand cancelled upon such fact coming to light and being affirmed in an enquiry.
6. The District Inspector of Schools, Kushinagar passed an order dated 09.11.2015 sanctioning payment of selection grade pay to the petitioner with effect from the date of regularization of his services and this order also specifically mentions that in case any fact has been cancelled in the matter, the order shall be cancelled automatically and the amount paid to the petitioner shall be recovered.
7. On 18.09.2020, the District Inspector of Schools Kushinagar sent a letter to the Committee of Management of the college stating that by means of a Government Order dated 08.07.2020, a direction has been issued for verification of the educational certificates of the teachers working in government secondary schools, non-government aided schools and to send a report to the Government for taking the final action in the matter. A District Level Committee constituted under the chairmanship of the District Magistrate has to take action in the matter. Upon verification of the B.Ed. Marks-sheet of the petitioner from Deen Dayal Upadhyay Gorakhpur University, it was found that the particulars mentioned in the self-attested marks-sheet provided by the petitioner did not tally with the verification report provided by the University and the roll number 6969 mentioned in the self attested marks-sheet provided by the petitioner belonged to one Ashok Kumar Upadhyay, from which it transpired that the B.Ed. marks-sheet provided by the petitioner was forged and he has obtained employment on the basis of a forged certificate of an essential qualification. The letter directed the respondent no. 4 to lodge a First Information Report against the petitioner and to pass a resolution for termination of the petitioner’s service under Section 16 E (10) of the U. P. Intermediate Education Act. All the original documents relating to the appointment of t
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....
Fraud vitiates everything, and a subsequent action cannot validate an action that was not lawful at its inception. If an order is bad in its inception, it does not get sanctified at a later stage.
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.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
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