Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3493

2025 AHC 160403
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN, J.
Pankaj Mathur – Petitioner
Versus
State Of U.P. And 3 Others –Respondent
WRIT - A No. - 12336 of 2025
Decided on : 10-09-2025
Advocates Appeared :
For the Petitioner : Arpit Agarwal, Rahul Saxena
For the Respondent : C.S.C., Shashi Kant Srivastava

Advocates Appeared:
For the Petitioner: Arpit Agarwal, Rahul Saxena
For the Respondent: C.S.C., Shashi Kant Srivastava

An appointment obtained through fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.

Headnote:(A) U.P. Teacher Eligibility Test - Appointment cancellation - Violated principles of natural justice by not providing opportunity to the petitioner, alleging double examination without competent verification - Relevant judgments emphasized that fraudulent acts in public employment render appointment void ab initio. (Paras 6, 22, 36)

(B) Employment - Fraud - Any appointment based on suppression or misrepresentation of facts is void and cannot be validated by procedural safeguards; natural justice does not apply where fraud is established. (Paras 21, 24, 27)

(C) Legitimacy of educational certificates - The first valid certificate, unless nullified, prevails for legal and public employment purposes. (Paras 38, 40)

Facts of the case:
The petitioner, appointed as Assistant Teacher following a recruitment process, had qualifications questioned due to a complaint alleging he passed his examinations twice and changed his birth date, leading to appointment cancellation.

Findings of Court:
The court upheld the cancellation of appointment due to fraudulent conduct, emphasizing that the appointment was void from the start.

Issues: Whether the petitioner was entitled to a hearing prior to appointment cancellation and the validity of his educational documents.

Ratio Decidendi: The court ruled that fraudulent acquisition of public employment renders an appointment void ab initio, and procedural fairness does not necessitate a hearing where fraud is involved.

Result: Petition dismissed.

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 :

MANJU RANI CHAUHAN, J.

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.

2. The present petition has been filed with the prayer to quash the impugned order dated 4.4.2025 passed by the District Basic Education Officer, Pilibhit vide which the appointment of the petitioner as Assistant Teacher stands cancelled.

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- Pilibhit on 29.1.2021 on the post of Assistant Teacher. Since then, the petitioner has been discharging his duties with utmost honesty and integrity, there being no complaint whatsoever against him.

4. The petitioner had qualified for the post of Assistant Teacher and relevant educational documents were supplied by the petitioner to the respondent authorities, after verification of which, appointment was given to the petitioner. The petitioner has placed the said documents as Annexure No.3 to the present petition which were placed before the respondent authorities for verification of the same. The said documents include :-

(a) High School mark-sheet, issued by the Board of High School and Intermediate Education, Uttar Pradesh having Serial No.33022904, wherein High School is shown to be passed in the year 2010 with Roll No.1141730 and the date of birth is shown as 15.5.1995.

(b) High School passing certificate bearing Serial No.1249699.

(c) Intermediate certificate-cum-mark-sheet, issued by the Board of High School and Intermediate Education, Uttar Pradesh having Certificate No.209023, wherein Intermediate is shown to be passed in the year 2012 with Roll No.2164760.

(d) Bachelor of Arts from Chhatrapati Sahu Ji Maharaj University, Kanpur, a three years course certificate examination, passed in the year 2016 with second division having Enrollment No.CSJMA13000125472.

(e) Bachelor of Arts Degree issued by Chhatrapati Sahu Ji Maharaj University, Kanpur with Roll No.6121617.

(f) B.T.C. Two Years Course Examination 2017 (Batch 2015) First Semester, issued by Examination Regulatory Authority, Uttar Pradesh, Allahabad with Roll No.151080267.

(g) B.T.C. Two Years Course Examination 2017 (Batch 2015) Second Semester, issued by Examination Regulatory Authority, Uttar Pradesh, Allahabad with Roll No.161080312.

(h) B.T.C. Two Years Course Examination 2018 (Batch 2015) Third Semester, issued by Examination Regulatory Authority, Uttar Pradesh, Allahabad with Roll No.172080034.

(i) B.T.C. Two Years Course Examination 2018 (Batch 2015) Fourth Semester, issued by Examination Regulatory Authority, Uttar Pradesh, Allahabad with Roll No.181080333.

(j) Basic Teacher Certificate Two Year Course Batch 2015 (Examination Year 2018) issued by Examination Regulatory Authority, Uttar Pradesh with Roll No.181080333.

(k) Uttar Pradesh Teacher Eligibility Test-2018 certificate (Primary Level) as issued by Examination Regulatory Authority, U.P. 23 Allenganj, Prayagraj with Roll No.1110905733.

(l) The result of Assistant Teacher Recruitment Exam