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ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Rehan Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
1. The instant intra Court Appeal has been filed by the appellant-respondent no. 4 under Rule 5 of Chapter VIII of Allahabad High Court Rules (Rules of the Court, 1952), against the judgment and order dated 07.11.2023 passed in Civil Misc. Writ-A No. 11817 of 2023 (Committee of Management Madarsa Sayeedul-Uloom (Behka) Post Office Puramufti, District- Allahabad through its Manager and another versus State of U.P. and others), by means of which the Hon’ble Single Judge partly allowed the writ petition filed by the Committee of Management, Madarsa Sayeedul-Uloom (Behka) Post Office Puramufti, District- Allahabad through its Manager Mohd. Ishaq (hereinafter referred to as ‘Committee of Management’).
2. Facts that are culled out from the pleadings and the material available on record before this Court that the appellant herein was appointed as Assistant teacher in Tahtaniya (Class 1 to 5) in the Madarsa Sayeedul- Uloom (Behka) Post Office Puramufti, District- Allahabad (hereinafter referred to as ‘Madarsa’) on 25.03.2005, based upon his eligibility for the post i.e. the ‘Hafiz Certificate’ said to have been issued in the year 1992 by the Madarsa Islah
Disciplinary actions in educational institutions must comply with established legal frameworks and principles of natural justice, and any actions taken without proper authority are rendered void.
Disciplinary proceedings against educational staff require an approved Scheme of Administration; absence of such approval renders termination orders void.
The Court emphasized the strict adherence to the statutory time limit for approving a Madarsa administration scheme and clarified the jurisdiction of the Committee of Management and the Registrar in ....
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
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....
The judgment establishes that allegations of fraud and forgery must be supported by evidence, and impugned orders lacking such evidence are bad for want of authority of law.
The withdrawal of engagement must follow the proper procedure as outlined in the relevant government order, and the principle of res-judicata applies to writ petitions.
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....
Court in its jurisdiction under Article 226 of Constitution of India, where it is established that appointment is obtained by fraud, cannot allow fraud to perpetuate by accepting a plea of a person t....
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