Neutral Citation No. - 2025:AHC:71011-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 270 of 2025 Appellant :- State Of Up And 3 Others Respondent :- Chidanand Counsel for Appellant :- C.S.C.,Devesh Vikram Counsel for Respondent :- Siddharth Khare Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned Standing counsel for the State, Sri Ashish Mohan Srivastava, learned counsel for N.I.O.S., Ms. Shyambhavi Tiwari, learned counsel for Dr. Bhimrao Ambedkar University, Agra and Sri Ashok Khare, learned Senior counsel assisted by Sri Siddharth Khare, learned counsel for the respondent. 2. With the consent of learned counsel for the parties the writ petition out of which the present appeal arises is taken on board, and is disposed of finally alongwith the present appeal. 3. An affidavit of N.I.O.S. as well as written instructions received from Dr. Bhimrao Ambedkar University, Agra are taken on record. 4. Learned Single Judge has issued a mandamus to the appellants not to interfere in the functioning of the respondent-petitioner as assistant teacher in LT grade as well as officiating as principal of the Government Model Inter College, Guthera, District Hathras and to ensure payment of salary to him. 5. This order of the learned Single Judge has been challenged contending that the respondent-petitioner had obtained appointment on the strength of forged and fabricated documents and, therefore, such appointment is void and the relief granted by learned Single Judge is impermissible. This argument was taken note of on the previous occasion and following orders were passed:- "1. Appointment offered to the respondent/petitioner has been cancelled after returning a finding that the High School, Intermediate and B.Ed. certificates relied upon by the writ petitioner are forged. 2. The learned State Counsel, therefore, submits that in such circumstances, no interim order ought to have been granted to the writ petitioner to allow in service. He also submitted that even if the writ petition succeeds, appropriate relief in the form of payment of salary etc. could be released to the writ petitioner. The High School, Intermediate and B.Ed. documents are on record at page- 91 to 100. 3. The High School and Intermediate educational testimonials are issued by the National Institute of Open Schooling (NIOS) and the B.Ed. degree is issued by Dr. Bhim Rao Ambedkar University, Agra. 4. In such circumstances, we permit the State Counsel to implead the NIOS and Dr. Bhim Rao Ambedkar University, Agra as respondents in the present appeal. 5. Notice of this appeal containing educational testimonials of petitioner would be served upon the counsel for NIOS and Agra University, who would obtain instructions and apprise the Court about genuineness of such certificates by the next date fixed. 6. List as fresh once again 05.05.2025. 7. Till then, effect and operation of the order passed by the learned Single Judge shall be kept in abeyance." 6. In compliance of the above directions an affidavit has been filed by N.I.O.S. stating that the certificates of high school and intermediate of N.I.O.S. relied upon by the respondent is absolutely fraudulent and has not been issued by N.I.O.S. 7. Learned counsel representing Dr. Bhimrao Ambedkar University, Agra has also obtained specific instructions as per which the B.Ed. certificate of the respondent is fraudulent, inasmuch as Session 2009-2010 was declared a zero year and the certificate issued for such session is not the certificate issued by the University. 8. Appointment of respondent-writ petitioner came to be discontinued on the allegation that he had secured appointment by playing fraud. Criminal proceedings are also initiated against him. Though the respondent-petitioner has challenged such action but in view of the affidavit filed by N.I.O.S. Board as also the Agra University it is apparent that appointment of respondent-petitioner is based upon fraud played by him. It is well settled that fraud and justice do not dwell together. In view of the fact that the appointment is shown to have been obtained on the strength of forged documents, we cannot allow the respondent either to continue in service or to be paid salary. Persons who resort to such appointment on the strength of forged and manipulated documents cannot be allowed to obtain discretionary remedy from this Court under Article 226 of the Constitution of India. 9. In that view of the matter, this special appeal succeeds and is allowed. The order passed by learned Single Judge dated 23.10.2024 is set aside. Writ petition filed by the respondent-petitioner is also dismissed. Order Date :- 5.5.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad