Neutral Citation No. - 2025:AHC:78906-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 341 of 2025 Appellant :- Smt. Sudesh Kumari Respondent :- The State Of Up And 4 Others Counsel for Appellant :- Shree Prakash Giri Counsel for Respondent :- C.S.C.,Chandan Sharma Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri S.P. Giri, learned counsel for the appellant and Sri Chandan Sharma, learned counsel for the respondent. 2. Delay in filing of the appeal has been explained to the satisfaction of the Court. Application is allowed. Delay in filing of appeal is condoned. 3. This appeal arises out of an order passed by learned Single Judge dated 6.12.2024 in Writ-A No.17767 of 2014, wherein learned Single Judge has recorded a categorical finding that appointment of appellant was based upon fraud, as such she is not entitled to continue in service or receive salary. 4. The appellant claimed appointment on the post of Assistant Teacher in a recognized Junior High School. The minimum qualification for appellant under the U.P. Recognized Basic School (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 was graduation with training qualification of BTC, HTC and JTC or any other equivalent qualification. It is admitted that appellant did not possess such training qualification. The appointment of appellant was approved by the District Basic Education Officer, Meerut vide letter dated 3.6.1994. This order is at page 22 of the paper book and clearly records that appellant possessed qualification of BA, BTC. The service book of the appellant also contains reference to BTC as one of the training qualification possessed by the appellant. It was subsequently found that the petitioner had misrepresented her qualification as BTC, whereas she did not possess any such qualification. Treating it to be a case of misrepresentation on the part of the appellant, her services have been brought to an end. This order has been affirmed by the learned Single Judge. Detailed reasons have been recorded by the learned Single Judge, as per which neither the appellant possessed qualification for appointment nor the procedure specified in Rule, 1978 was followed. Learned Single Judge has referred to a Division Bench judgment of this Court in District Basic Education Officer and another Vs. Punita Singh and others, passed in Special Appeal Defective No.506 of 2024 to hold that beneficiary of misrepresentation and fraud is not entitled to any relief from the Writ Court. Principle of law is well settled that fraud and justice do not dwell together. 5. The sole argument advanced on behalf of appellant is that BTC was not mentioned as the qualification of the appellant in approval order and it was subsequently added by the Management. It is also submitted that petitioner appellant was not aware as to what was her qualification mentioned the service book. The submission advanced on behalf of appellant, in this regard, cannot be accepted, inasmuch as the BTC is the essential qualification for appointment to the post and unless such qualification was claimed, the appointment itself would be impermissible. We also refuse to believe that such interpolation was later done at the instance of the Committee of Management. Obviously the appellant is a beneficiary of such misrepresentation. She is otherwise expected to be aware of her qualification mentioned in her approval order or in the service book. The argument advanced on her behalf appears to be a desperate move to somehow save her appointment. In that view of the matter, we do not find any substance in the present appeal, which may require this Court to interfere in the matter. Learned Single Judge has otherwise protected the appellant from any recovery of salary etc. already received by her. No further relief in our view could have been granted. 6. Special appeal, consequently, fails and is dismissed. Order Date :- 14.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad