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
| 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
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.
Fraudulent documentation undermines claims for educational qualifications, disallowing entitlement effects from misrepresentation; courts emphasize integrity in certification processes.
An appointment secured through fraudulent means, such as a forged educational certificate, is void ab initio, and the individual is not entitled to any employment benefits or protections under the la....
An educational marksheet cannot be deemed forged without proper inquiry and substantial evidence, while public appointment must adhere to merit-based selection principles under natural justice standa....
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....
Employment obtained through fraudulent documentation does not require adherence to formal disciplinary procedures, as fraud vitiates employment.
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
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