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2020 Supreme(MP) 583
MADHYA PRADESH HIGH COURT
Sanjay Yadav, J.
Aditya Upadhyay - Appellant
Versus
National Institute Of Fashion Technology, Thr: Director General, New Delhi & Ors. - Respondent
Writ Appeal No. 588 of 2020
Decided On : 11-08-2020
Anoop Nair, Advocate, Paritosh Gupta, Advocate
The main legal point established in the judgment is that the submission of false documents invalidates the appointment and justifies termination of the contract.
Headnote:
Forgery - Employment Contract - Central Civil Services (Classification, Control and Appeal) Rules, 1965 - 3, 9, 10, 22, 24 - The court discussed the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and their applicability in the case. It highlighted the conditions for termination of employment and the consequences of furnishing false documents.
Fact of the Case:
The petitioner was appointed on a contractual basis as an Assistant Professor at the National Institute of Fashion Technology. His contract was terminated due to the submission of a forged experience certificate.
Finding of the Court:
The court found that the termination of the petitioner's contract was justified as he had failed to produce the original document regarding his experience, which was an essential qualification for the appointment.
Issues: The main issue was whether the termination of the petitioner's contract was justified, considering the submission of a forged experience certificate.
Ratio Decidendi: The court held that the termination was justified as the petitioner was not eligible for appointment due to the submission of false documents.
Final Decision: The appeal failed, and the court dismissed it without costs.
JUDGMENT
Sanjay Yadav, J. - This Appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 09.01.2020 passed in Writ Petition No.6105/2016.
2. By the said order learned Single Judge finally disposed of two Writ Petitions, viz. W.P.No.6105/2016 and W.P.No.17504/2018.
3. Whereas, W.P.No.6105/2016 was directed against the order dated 22.02.2016, whereby, the contractual service of the Appellant (hereafter referred to as 'Petitioner') was directed to be dispensed with effect from 1.04.2016. The Writ Petition No.17504/2018 was for a direction to the employer for extension of contractual period, wherein learned Single Judge declined to issue a mandamus for extension of contractual period, holding that "the petitioner cannot claim/seek extension of contract as of right as the respondent/NIFT has not extended the term of contract. Clause 10 of the terms and conditions of contract appointment provides that after expiry of the contract term, the employment shall stand terminated automatically unless the same is extended in writing by NIFT. It is clear from the reply of the respondent/NIFT that the employer has lost faith and confidence in the employee. Under the circumstances, the respondents cannot be enforced to extend the period of employment of the petitioner." The petitioner evidently, having not challenged the order passed in Writ Petition No.17504/2018, has allowed the order to attain finality.
4. The petitioner, however, takes exception to order passed in Writ Petition No.6105/2016.
5. The relevant facts briefly are that in the year 2012, the Respondent National Institute of Fashion Technology invited applications for filling the post of Assistant Professor on contractual basis for teaching, research and training in Design, Management and Technology at Mumbai, Bangaluru, Hyderabad, Gandhinagar, Patna, Raebareli, Jodhpur, Bhubaneswar, Shillong, Kannur and Kangra from the persons upto 35 years (maximum age limit relaxable up 7 years in case of NIFT employees and upto 5 years for deserving candidates possessing higher educational qualification/experience, possessing following qualifications:
Qualification Experience UG/PG Diploma/Degree in relevant area (as per table "A" from a recoginzed Institute or University of national/international repute, with required years of relevant experience in teaching/research/Industry. Candidates with a Ph.D degree in the relevant area will be given preference. All candidates who do not possess Ph.D degree shall be encouraged to obtain the same within 5 years from the date of appointment. Minimum relevant experience required: 4 years UG Diploma/Degree - 5 years (+1 year if its a 3 - year UG degree/diploma) 2 years PG Diploma/Degree - 2 years (+1 year if duration < 2 year)
6. It was further stipulated in the advertisement that the candidate must possess the prescribed qualification and experience as indicated against the Code and that All Degrees and Diplomas prescribed for the teaching positions shall be a full time course from the Institute of National/Internationals repute. The petitioner applied for the post of Assistant professor and was offered and appointed on contract basis initially for a period of one year, extendable for remaining 2 years on evaluation by order dated 30.7.2012 on various terms and conditions. Clauses 3, 9, 10, 22 and 24, relevant for the present stipulated:
"3. Your employment will be for a period of 03 years w.e.f. from your date of joining. Your performance will be evaluated after completion of one year and subject to the outcome of the evaluation of your services, the appointment shall be continued for the remaining contract period.
9. Your assignment can be terminated by either side without assigning any reason, after giving one month's notice or one month's remuneration in lieu thereof.
10. After expiry of the contract term, your contract employment shall stand terminated automatically unless
