Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitment integrity.

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 2019] for the appointment against 69000 posts of Assistant Teachers. The petitioners, being eligible for the posts of Assistant Teachers, applied pursuant to the said advertisement. They were issued admit cards for appearing in the ATRE 2019. Pursuant thereto, the petitioners participated in the said examination conducted on 06.01.2019. The result of ATRE 2019 was declared on 12.05.2020, wherein names of the petitioners were shown as qualified candidates.

3. After being declared qualified in ATRE 2019, the State Government issued a Government Order on 13.05.2020 for consideration of the appointments of selected candidates as Assistant Teachers. In pursuance thereof, petitioners applied for the appointment. Thereafter, a final select list was published on 01.06.2020. In the said list, the petitioners were shown to have been duly selected and they were allotted District Kushinagar. The petitioners participated in the counseling conducted by the BSA, Kushinagar. Initially some objections stood against the petitioners’ appointment, therefore, the BSA published a list of 39 candidates, whose cases were kept pending on account of such objections. For rectification of said discrepancies, the matter was considered at the level of the State Government, whereafter Government Orders dated 04.12.2020 and 15.01.2021 were issued. Pursuant to the said orders, the candidates were required to furnish individual affidavits before the BSA. After consideration of petitioners’ cases, appointment orders were issued by the BSA in favour of the petitioners.

4. The petitioners joined their services in the office of District Basic Education Officer, Kushinagar. Thereafter, they were given postings on 08.09.2021 in their respective schools run by the U.P. Board of Basic Education. Since the date of their joining, the petitioners had been performing their duties with due diligence and sincerity, however, the respondent no. 3 terminated their services by the order impugned dated 21.05.2025 in compliance with the instructions issued by respondent no. 2 in its order dated 09.05.2025, on the ground that the petitioners had filled up higher marks in their application forms than they actually secured. The said orders are being assailed by means of present writ petition.

5. Learned counsel for the petitioners submits that the petitioners possess the requisite qualifications as required for the post of Assistant Teacher. They were fulfilling all required eligibility criteria as on the date of submission of their respective application forms. It is contended that a number of candidates were denied appointment on account of non- fulfillment of required eligibility criteria as on 22.12.2018, which was the last date for submission of application forms. Such candidates preferred writ petition be