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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Garima Singh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. cancellation of appointment based on fraud. (Para 3) |
| 2. no hearing required if appointment secured fraudulently. (Para 4 , 5) |
| 3. alternative remedies do not bar petitions regarding hearing denial. (Para 6) |
| 4. concern over fraudulent appointments in education. (Para 8 , 9) |
| 5. mandamus for review of fraudulent appointments. (Para 10 , 11 , 12) |
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard Mr. Tej Prakash Mishra, learned counsel for the petitioner, Mr. Ashish Kumar Nagvanshi, learned counsel for respondent nos.2 and 3 and learned Standing Counsel for the State respondents.
2. The writ petition has been filed challenging the order dated 06.08.2025 passed by respondent no.2 District Basic Education Officer, Deoria, vide which, appointment of the petitioner on the post of Assistant Teacher has been cancelled. It is further prayed to direct the respondent no.2 to permit the petitioner to join the service on the post of Assistant Teacher in Uchchtar Prathmik Vidyalaya, Bardiha Dalpat, Vikas Khand-Salempur, District- Deoria.
3. Placing the brief facts of the case, learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant Teacher on 27.07.20
No opportunity of hearing is warranted when employment is secured through fraudulent means; fraudulent appointments necessitate strict scrutiny to uphold integrity in education.
Fraudulent appointments in public service are void ab initio, and individuals cannot claim rights or benefits from such appointments.
An appointment obtained through fraud or misrepresentation is void ab initio, and procedural safeguards do not apply in such cases.
Fraudulent appointments are void ab initio, and individuals securing employment through deceit cannot claim protections under Article 311 of the Constitution.
Point of Law : Needless to say, the inquiry report is subject to consideration by the disciplinary authority who is required to pass a reasoned and speaking order after giving a copy of the same to t....
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.
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
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