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 institutions' rights under Article 30(1) are not absolute.

JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Mr. R.K. Ojha, learned Senior Counsel, assisted by Mr. Yash Singhal, learned counsel for the petitioner, Mr. Ashok Khare, learned Senior Counsel, assisted by Ms. Srishti Gupta, learned counsel for respondent no.3 and Mr. Ashish Kumar Nagvanshi, learned counsel for the State-respondents.

2. The writ petition has been filed with the following prayers:-

“(a) Issue an appropriate writ, order or direction calling for the record and quashing the impugned order dated 25.02.2025, (Letter No.20827-35/2024-25) passed by respondent no.2.

(b) Issue an appropriate writ, order or direction calling for the record and quashing the impugned suspension order dated 01.03.2025 passed by respondent no.3.

(c) Issue an appropriate writ, order or direction commanding the respondents to ensure payment of withheld salary from 25.06.2024 till date and further the regular salary payable from month to month to the petitioner.

(d) Issue an appropriate writ, order or direction commanding the respondents to pay interest upon the arrears of salary till the date of actual payment.

(e) Issue an appropriate writ, order or direction directing the respondent no.3 to reinstate the petitioner with all consequential benefit other services as Assistant Teacher, Hindi (Primary) at St. Joseph Girls High School, Moradabad.

(f) Issue any other suitable writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(g) To award the cost of this petition to the petitioner.”

3. Placing the brief facts of the case, learned counsel for the petitioner submits that petitioner was appointed as an Assistant Teacher of Hindi, (Primary) on 01.07.1991, on a contractual basis, in an Institution, namely, St. Joseph's Girls Junior High School, Civil Lines, Moradabad, (in short ‘the institution’), which is a minority Institution established under Article 30(1) of the Constitution of India. The contract of the petitioner was renewed from time to time and was operative without any time gap. The Institution in question came into grant-in-aid list in the year 2015, accordingly, appointments were made in the Institution and the petitioner was issued appointment letter on 26.06.2015. The petitioner took charge as an Assistant Teacher (Hindi) on 01.07.2015 before the Manager of the Institution, an experience certificate has been issued to the petitioner by the Government aided Institution, mentioning that the petitioner has been continuously working in the primary wing and was thereafter appointed in the Junior department as Assistant Teacher (Hindi) on 01.07.2015, thus, it clearly transpires from the experience certificate that the petitioner had been regularly working from 1991 till 2015, and thereafter she was appointed as an Assistant Teacher in the aided Institution.

4. On a complaint made by one Ashutosh Chauhan (which has been categorically denied by him through an affidavit) with respect to forged TET certificate of the petitioner being placed for obtaining appointment as Assistant Teacher. Pursuant to which, an inquiry was initiated regarding appointments made by the Manager of the said Institution in collusion with one Anuj Kumar, Principal of Janta Junior High School, Jargaon, Moradabad. Thereafter, respondent no.2, vide letter dated 25.06.2024 sought details from the petitioner with respect to her appointment and proceeded to stop the payment of salary and substance allowance was also not paid to her, therefore, the petitioner filed a Writ Petition No.19101 of 2024 (Deepa Magleena vs. District Basic