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.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Siddharth Khare, learned counsel for the petitioner, Sri Chandan Sharma, learned counsel for the respondent Nos.4 and 5, Mr. Shailendra Singh, learned counsel for the respondent Nos.1 and 2, Sri Ashish Kumar Nagvanshi, learned counsel for the respondent Nos.3, 6 and 7 and perused the record.

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

“(i) A writ, order or direction in the nature of certiorari quashing the order dated 28.07.2025 passed by Basic Shiksha Adhikari, Gorakhpur.

(ii) A writ, order or direction of suitable nature restraining the respondents from interfering with the working of the petitioner as Assistant Teacher at Prathmik Vidyalay Jangal Dumri No.1, Development Block Bhathat, District Gorakhpur and to pay the petitioner her full monthly salary of the said post regularly every month.

(iii) Any other relief as this Court may deem fit and proper in the facts & circumstances of the case.”

3. Placing the brief facts of the case, learned counsel for the petitioner submits that the educational qualification of the petitioner is High School, Intermediate, Bachelor of Arts Degree, Bachelor of Education and Special BTC Training Course, 2008. In the year 2008 selection proceedings were undertaken by the State Government for admission to Special BTC Training Course 2008 to such candidates who possessed some other teacher’s training qualification.

4. Accordingly, the petitioner also applied in pursuance thereof, and was selected and underwent training at District Institute of Education & Training, Gorakhpur. On successful completion of Special BTC Training Course 2008, the petitioner was issued a certificate dated 21.12.2009. Upon declaration of the result of Special BTC Training Course, the petitioner became entitled for automatic appointment as an Assistant Teacher, accordingly, based upon the result of Special BTC Training Course, 2008, the petitioner was issued appointment order dated 06.02.2010.

5. The petitioner forthwith joined and thereafter has been working continuously up to the satisfaction of her superiors. The work and conduct of the petitioner has been fully satisfactory. The petitioner was at the relevant point of time was posted at Prathmik Vidyalaya Jangal Dumri No.1, Development Block Bhathat, District Gorakhpur. The petitioner has been paid her regular monthly salary up to the month of June 2025.

6. The petitioner passed her Bachelor of Arts Course as a student of St. Andrew’s College, Gorakhpur, affiliated to Deen Dayal Upadhyay Gorakhpur University, Gorakhpur (in short ‘Gorakhpur University’). The aforesaid degree as awarded to th