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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Awadhesh Kumar Chaudhary – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioners' service termination details. (Para 1 , 2 , 3 , 4) |
| 2. petitioners claim procedural errors in termination. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. arguments from respondents regarding candidate eligibility. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. court’s findings on candidates' eligibility issues. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 5. final judgment on relief for certain petitioners. (Para 41 , 42) |
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. The petitioners have preferred instant writ petitions challenging orders dated 09.05.2025 and 21.05.2025 passed by respondent no. 3[The Secretary Board of basic Education, UP Prayagraj] and respondent no. 4[District Basic Education Officer, Kushinagar (BSA)]respectively, whereby services of the petitioners have been terminated on the ground of mentioning increased marks in the application forms submitted by them while applying for the posts of Assistant teachers.
2. Facts of the case, in brief, are that the State Government issued a Government Order dated 01.12.2018 notifying the holding of Assistant Teachers Recruitment Examination 2019[The ATRE 201
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
on a reading of the Government Order and Circulars applicable it is quite clear that wherever a candidate had put himself in a disadvantageous position as stated above his candidature shall not be ca....
Candidates who fill incorrect marks that disadvantage them should not have their candidature cancelled, while those who gain an advantage through errors may face disqualification.
Appellant has failed to make out a case for issuance of a writ in the nature of mandamus commanding the respondents to rectify the mistake made by her in her online submission
An appointment obtained through fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.
An educational marksheet cannot be deemed forged without proper inquiry and substantial evidence, while public appointment must adhere to merit-based selection principles under natural justice standa....
Point of law: If the University records a finding about any of the candidates holding tampered mark-sheets, then the order of termination/cancellation of appointments would have effect but it would b....
Denial of salary without any justifiable reason cannot be countenanced.
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