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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Pankaj Mathur – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. appointment process and verification of qualifications. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. legal context regarding certificate validity and appointment. (Para 8 , 9 , 10) |
| 3. allegations of fraud and misrepresentation in appointment. (Para 11 , 12) |
| 4. inquiry process regarding the complaint against petitioner. (Para 14 , 15 , 16 , 17 , 18) |
| 5. principle that fraud vitiates all actions and affects appointments. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 6. legal maxim that fraud invalidates all legal actions. (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 7. first certificate prevails in context of appointments. (Para 40 , 41) |
JUDGMENT :
1. Heard learned counsel for the petitioner, Mr. Shashi Kant Srivastava, learned counsel for respondent-B.S.A. as well as learned Standing Counsel for the State.
3. Placing the facts of the case, learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher, in accordance with law, pursuant to the selections as made in the Assistant Teacher Recruitment Examination, 2020. Accordingly, appointment letter dated 5.12.2020 was issued to the petitioner and he joined at Primary School Pagawan, Development Area Bilsanda, District- Pilib
An appointment obtained through fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.
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.
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
Fraudulent appointments in public service are void ab initio, and individuals cannot claim rights or benefits from such appointments.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
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....
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
Fraudulent documentation undermines claims for educational qualifications, disallowing entitlement effects from misrepresentation; courts emphasize integrity in certification processes.
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