Neutral Citation No. - 2025:AHC:125230 Court No. - 52 Case :- WRIT - A No. - 47972 of 2005 Petitioner :- Mohd. Rashid Hasmat Yusuf Respondent :- State Of U.P. Thru Secy. Education And Others Counsel for Petitioner :- Suresh Chandra Dwivedi,F.Ahmad,R.K. Saxena,S.F.A. Naqvi,S.F.A.Naqvi Counsel for Respondent :- C.S.C.,K. Sahai,S.C.,Y.K. Saxena Hon'ble Mrs. Manju Rani Chauhan,J. 1. List revised. None appears on behalf of the petitioner. 2. However, learned Standing Counsel for the State is present. 3. Record goes to show that petitioner has filed present writ petition with a prayer to quash the order dated 25.04.2005 passed by District Basic Education Officer, Auraiya vide which the petitioner has been terminated on the ground that he sought appointment on the post of Assistant Teacher without disclosing the fact that his father namely Hasmat Ullah Khan, was the Manager at the relevant point of time. 4. Grounds taken in the petition are that the Naseemuddin is the Manager of the institution and all the proceedings regarding appointment of the petitioner were under his signatures and the papers regarding approval of the appointment of the petitioner were also sent under the signature of Naseemuddin, which were duly approved by the District Basic Education Officer Auraiya. It is further averred that the report submitted after inquiry also mentions that the appointment of the petitioner took place during the tenure of Naseemuddian as Manager. It is next submitted that the petitioner has not been given any opportunity of hearing prior to passing the order impugned. 5. In the counter affidavit filed on behalf of respondent no.6, Committee of Management, A.K.M. Inter College, Auraiya, it has been specifically averred in para-4 that petitioner has sought appointment as Assistant Teacher by not only concealing the fact that his father was Manager at the relevant point of time but he has also produced forged documents making signatures of Naseemuddin in capacity of Manager. 6. In para-3 of the counter affidavit filed on behalf of respondent no.4, it has also been averred that approval regarding appointment of the petitioner on the post of Assistant Teacher was obtained on the basis of the misrepresentation of facts as the respondent no.4 came to know about the fact that the petitioner was son of the then Manager and approval of his appointment was granted by placing false documents with the signatures of Naseemuddin as Manager of the institution. 7. 7. No rejoinder affidavit has been filed disputing the aforesaid facts. 8. It is settled proposition of law that in case any appointment being obtained on the basis of fraud and concealment of facts no opportunity of hearing is required. Even otherwise, the facts regarding grounds mentioned in the order impugned in respect to appointment of the petitioner when his father was Manager of the institution have not been disputed by the petitioner. 9. As a result, the present writ petition fails and is liable to be dismissed. 10. It is, accordingly, dismissed. Order Date :- 28.7.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad