Neutral Citation No. - 2025:AHC:62609 Court No. - 6 Case :- WRIT - A No. - 53275 of 2016 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Sanjeev Singh,Suresh Bahadur Singh Counsel for Respondent :- C.S.C.,Daya Ram,Ved Byas Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. The petitioner has challenged impugned orders dated 29.09.2016 and 03.10.2016, whereby on basis of verification of Sampurnanand Sanskrit Vishwavidyalaya, Varanasi certificate submitted by him were found forged and accordingly, his appointment was cancelled being void ab initio. 2. This Court has passed following order on 14.12.2016 :- "It has not been disputed by any of the counsel for the respondents that similar controversy has been raised in Writ A No. 51954 of 2016 in which an interim order was passed on 2.11.2016 which reads as under: "Learned Counsel for the petitioner contends that the respondents have not done any verification from the concerned University i.e. Sampurnanand Sanskrit University, Varanasi and merely on the basis of some verification from the Institution from where the petitioner was enrolled as a teacher, the petitioner's selection has been cancelled. Learned Counsel for the Sampurnanand Sanskrit University prays for and is granted four weeks' time to file counter affidavit. List this case along with Writ-A No. 69352 of 2015 (Minazir Hasan Siddiqui v. State of U.P. & others). Till the next date of listing the effect and operation of the impugned orders dated 29.9.2016 and 3.10.2016 passed by the Basic Shiksha Adhikari, J.P. Nagar/Amroha shall remain stayed. It is made clear that the salary shall be paid to the petitioner in case he files an affidavit before the authority concerned i.e. the BSA to the effect that if the writ petition is dismissed, he shall refund the amount received under this order. In case the petitioner does not file any such affidavit, the salary shall not be paid to him." In view of the aforesaid fact, it is contended that the petitioner is also entitled to the same interim order. Learned Standing Counsel has accepted notices on behalf of respondent nos. 1 and 2. Sri Daya Ram Yadav, the learned counsel has accepted notice on behalf of respondent nos. 3 and 4. Sri Ved Byas Mishra, the learned counsel has accepted notice on behalf of respondent no.5. Four weeks' time is allowed to all the respondent to file counter affidavit. Three weeks' thereafter is granted to the petitioner to file rejoinder affidavit. List thereafter along with the record of Writ A No. 51954 of 2016. Till the next date of listing the effect and operation of the impugned orders dated 29.9.2016 and 3.10.2016 passed by the Basic Shiksha Adhikari, J.P. Nagar/Amroha shall remain stayed. It is made clear that the salary shall be paid to the petitioner in case he files an affidavit before the authority concerned i.e. the BSA to the effect that if the writ petition is dismissed, he shall refund the amount received under this order. In case the petitioner does not file any such affidavit, the salary shall not be paid to him. " 3. According to counsel for State, petitioner has submitted an affidavit dated 19.12.2016 and thereafter on basis of interim order, he continued to serve as an Assistant Teacher and got salary also and has submitted a resignation letter on 04.01.2024, which was initially approved on 08.04.2024, however, later on for the ground, present writ petition was pending before this Court which was cancelled by a subsequent order dated 07.06.2024. 4. Learned counsel for petitioner submits that no verification report of concerned University was confronted to petitioner as well as that it was not disclosed in the report that instead of petitioner's whose name was mentioned as well as an earlier report dated 18.10.2015, no such ambiguity was shown. 5. Learned counsel for B.S.A. has supported the impugned order. 6. The Court cannot ignore contents of a subsequent communication dated 07.09.2016 made by Sampurnanand Sanskrit Vishwavidyalaya, Varanasi in absence of any substantial document except an earlier contrary report, when earlier dated 18.10.2015, it was also sent to the University and only thereafter subsequent report dated 07.09.2016 was submitted that documents submitted were forged, therefore, there is no ground to reject it. 7. There is a serious allegation against petitioner that he has submitted forged educational documents purportedly issued by Sampurnanand Sanskrit Vishwavidyalaya, Varanasi and it is well settled that fraud vitiates very solemn act. 8. In the aforesaid circumstances, there is no ground to interfere with impugned order and accordingly, writ petition is dismissed and its consequence shall remain follow. Order Date :- 24.4.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad