Burden on employer to prove fraud in certificates; authentic endorsement and TMR code prevail over later denial without inquiry.

JUDGMENT :

M.JOTHIRAMAN, J.

Under assail is the order passed in W.P.(MD).No.13156 of 2023 dated 30.10.2025.

2.Originally the first respondent/writ petitioner has challenged the impugned order passed by the third appellant/Chief Educational Officer, dated 30.05.2023 and the consequential order of removal from service passed by the second respondent/ Correspondent, Aided Higher Secondary School dated 30.05.2023. The learned Writ Court allowed the writ petition and directed the appellants to permit the writ petitioner to continue in the post of P.G.Assistant with continuity of service and all eligible attendant benefits.

3.It is the case of the writ petitioner that he was appointed in the post of P.G.Assistant (History) on 01.12.2015. He possess all the requisite qualifications of B.Ed., B.A.(History and Tourism), M.A. (History) and Ph.D. in history. He has been working for the past 7 years. After completing SSLC in March 2002 with 302/500 marks, he took a break for some time. He wrote his 12^th standard examination as a private candidate in L.M.S. Higher Secondary School, Marthandam. He had secured the following marks:- Tamil-84, English-74, Economics-08, Commerce-19, Accountancy-14 and Banking-41. He has applied for re- total of his answer sheet. At that point of time, the procedure was that applications for retotalling must be made directly at the Office of the Director of Examinations in Chennai. He was asked to submit the previous certificate issued by the authorities. Accordingly, submitted the same. After few months later, he received corrected Higher Secondary Certificate with re-totalled marks through registered post with the following marks:- Tamil-84, English-74, Economics-70, Commerce-91, Accountancy-74 and Banking-71.

3.1.Thereafter, he completed B.A.,(History and Tourism), M.A., (History), B.Ed., and Ph.D. in History. After his appointment in the year 2015, the second respondent School sent all his certificate for verification to the first appellant. In response, the Universities had confirmed the genuineness of the certificates. However, there was no response insofar as his Higher Secondary Certificate. All of a sudden, after a period of three years, the third appellant issued a show cause notice dated 13.01.2022 stating that as per proceedings of the second appellant his Higher Secondary Certificate is not genuine. Since more than 17 years had passed, he did not have any copy of the re-totalling application or the previous Higher Secondary Certificate. He also submitted his written explanation, on 15.01.2022. Meanwhile, his salary was not paid in the month January. He challenged the same in WP. (MD)No.2475 of 2022 and this Court by an order dated 04.02.2022 issued a direction to furnish a copy of the proceedings and also given time to submit his explanation. However, the third appellant issued an order dated 17.02.2022 stating that the Higher Secondary Certificate of the writ petitioner is not genuine and the serial number of the Higher Secondary Certificate, ie., 1222414 matches the Higher Secondary Certificate of one Rameena T. The learned Writ Court allowed the writ petition. Aggrieved over the same, the unsuccessful official respondents therein have preferred the present writ appeal.

4.The learned Additional Government Pleader appearing for the appellants would submit that the Directorate of Government Examination being statutory authority categorically communicated vide proceedings dated 10.02.2023 that the 12^th standard mark sheet produced by the writ petitioner was not issued by the Directorate of Government Examination and it is not genuine