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2026 Supreme(All) 541

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN, J.
Vinit Kumar – Appellant
Versus
State of U.P. and Others – Respondents
Writ Appeal No. 142 of 2026
Decided On : 12-05-2026

Advocates Appeared:
For the Appellants : Man Bahadur Singh, Saurabh Kumar, Shivendra Pratap Singh
For the Respondent: Yatindra

Fraud vitiates all solemn acts. An appointment secured through the submission of forged or fabricated educational credentials is void ab initio. In such instances, the protection afforded by formal disciplinary procedures is inapplicable, and the authorities are justified in cancelling the appointment without conducting a full-scale departmental inquiry.

Headnote:(A) Principles of Service Law - Fraud and Misrepresentation - Appointment obtained through fraud - Appointment obtained on basis of forged documents is void ab initio - Requirement of regular disciplinary inquiry - Where foundation of employment is tainted, holding full inquiry is not mandatory - Authorities are justified in cancelling such appointment without extensive proceedings. (Paras 91, 104)

(B) Principles of Natural Justice - Applicability - Where employment is secured by fraudulent means, the requirement of specific procedural safeguards must be weighed against the principle that fraud vitiates all solemn acts - When the entry into service is fundamentally illegal due to fabricated educational credentials, the scope for insisting on regular departmental inquiries is significantly limited. (Paras 35, 104)

Facts of the case:
The petitioner, appointed as an educator, faced allegations concerning the authenticity of his primary educational credentials. It was observed that the petitioner had provided conflicting examination details at different stages of his employment and training. Discrepancies were noted in high school and higher secondary mark sheets, and serious doubts were raised regarding the validity of his professional degree. The authorities cancelled the appointment as void ab initio. The petitioner challenged this cancellation, alleging failure to follow mandatory disciplinary inquiry procedures and lack of opportunity to respond to the allegations.

Findings of Court:
The court observed that the petitioner relied on inconsistent academic credentials, with one set being verified as fake by the regulating body. Additionally, discrepancies regarding his professional qualifications remained unexplained. The court concluded that the petitioner had manipulated documents to gain selection. It was held that an appointment obtained by practicing fraud is void from the inception, and the employer is not obligated to hold a formal disciplinary inquiry in such cases.

Issues: Whether the termination of the petitioner's services without a full-scale departmental inquiry violated service regulations and if the appointment was secured through fraudulent misrepresentation.

Ratio Decidendi: Fraud vitiates all solemn acts. When an appointment is based on forged or fabricated documents, the entry into service is tainted and illegal. In such instances, the protections of standard disciplinary rules are not applicable, and the appointing authority is entitled to terminate the service without a formal inquiry.

Result: Writ petition dismissed; comprehensive, multi-level inquiry directed.

Table of Content
1. factual background: petitioner appointment and identification of document discrepancies. (Para 1 , 19)
2. violation of principles of natural justice and lack of mandatory disciplinary inquiry. (Para 20 , 39)
3. evidence of inconsistent documents and verification history recorded by department. (Para 40 , 72)
4. fraudulent procurement of employment voids entitlement to regular disciplinary protections. (Para 73 , 99)
5. fraud vitiates solemn acts and necessitates comprehensive verification of academic credentials. (Para 100 , 108)
6. writ petition dismissed; inquiry ordered into credentials and service manipulation. (Para 109 , 110)

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Man Bahadur Singh, learned counsel for the petitioner, Mr. Shailendra Singh, learned counsel for the State and Mr. Yatindra, learned counsel for respondent nos. 2 & 3.

“(i) The present writ petition has been instituted challenging the order dated 06.10.2025 passed by the District Basic Education Officer, Shamli, whereby the appointment of the petitioner on the post of Assistant Teacher has been declared void ab initio and cancelled with immediate effect.

(ii) A further prayer has been made seeking issuance of a writ, order or direction in the nature of mandamus commanding the respondent no.3 to reinstate the petitioner on the post of Assistant Teacher along with all consequential benefits, including continuity of service and payment of arrears of salary.”

2. Placing the brief facts of the case, learned counsel for the petitioner submits that the petitioner passed the High School Examination in the year 2006, bearing Roll No.0612450, and thereafter passed the Intermediate Examination in the year 2008, bearing Roll No.0324070, both in First Division, from the Board of High School and Intermediate Education, Uttar Pradesh.

3. It is further submitted that the petitioner obtained a degree of Bachelor of Technology in the year 2012 in First Division from Sundardeep College of Engineering and Technology, Ghaziabad, affiliated to Uttar Pradesh Technical University, Lucknow.

4. It is further submitted that the petitioner thereafter successfully completed the two-year Basic Training Certificate (BTC) course, Batch 2012, in the year 2015, securing First Division.

5. Learned counsel for the petitioner further submits that the educational certificates and mark sheets of the petitioner, including those pertaining to his graduation, were duly verified during the course of his BTC training by the Principal, DIET, for the session 2012-2015, and that the BTC certificate was issued only upon due verification and satisfaction regarding the authenticity of all his credentials.

6. It is further submitted that the petitioner qualified the Uttar Pradesh Teachers Eligibility Test (UPTET) for the Primary Level held for the session 2013-14, the result whereof was declared in the year 2014.

7. Learned counsel for the petitioner further submits that the State Government initiated a recruitment process for appointment of 15,000 Assistant Teachers during the year 2014-15 in primary schools, run and managed by the Board of Basic Education, Uttar Pradesh, Prayagraj. The petitioner, being fully qualified and otherwise eligible, applied pursuant to the said advertisement and was duly selected.

8. It is further submitted that the counselling of the petitioner was conducted in the office of the District Basic Education Officer, Shamli, on 26.10.2015, wherein the petitioner produced all his original documents, including mark sheets and certificates of the Intermediate Examination, which were duly verified, and a receipt acknowledging submission of such documents was issued to him. It is further submitted that thereafter Respondent No.3 issued an appointment order dated 28.06.2016, pursuant to which the petitioner joined his duties at Primary School, Kertoo, Block- Un, District Shamli, on 04.07.2017. Since then, the petitioner has been discharging his duties to the satisfaction of his supe

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