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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Mukesh Kumar Sharma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard Mr. Ashok Khare, learned Senior Counsel assisted by Mr. Aditendra, learned counsel for the petitioner, Mr. Shashi Prakash Rai, learned counsel for respondent-BSA and learned Standing Counsel for the State.
2. The writ petition has been instituted, inter alia, seeking issuance of a writ of certiorari for quashing the order dated 11.12.2025 passed by the Basic Shiksha Adhikari, Gautam Buddha Nagar, whereby the services of the petitioner have been terminated.
3. A further prayer has been made for issuance of a writ of mandamus commanding the respondents not to interfere in the functioning of the petitioner as Headmaster of Composite Vidyalaya, Jewar, Development Block Jewar, District Gautam Buddha Nagar.
4. The petitioner has also prayed for a direction to the respondents to ensure payment of his regular monthly salary, along with arrears of salary w.e.f. June, 2025 till date, within a stipulated period.
5. Placing the aforesaid facts on record, learned counsel for the petitioner submits that the petitioner possesses the following educational qualifications:-
“(i) The petitioner appeared in the High School Certificate Examination in the year 1991 fr
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 the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
Termination of service without a proper inquiry violates Article 311(2) of the Constitution, emphasizing the necessity of due process in employment matters.
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
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 institu....
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
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