Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13375 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. List is revised. None appears on behalf of the petitioner. Heard Mr. Ashish Kumar Nagvanshi, learned counsel for respondent nos.3 & 4 as well as learned Standing Counsel for the State and perused the record. Records shows that the present petition has been filed with the prayer to quash the impugned termination order dated 9.4.2021 passed by respondent no.4 and a further prayer to direct the respondents to pay all the arrears of salary along with consequential benefits. As per the averments in the writ petition, the petitioner was appointed pursuant to the advertisement inviting application for the post of Assistant Teacher for 16448 vacancies as issued by respondent no.3. The petitioner had passed high school examination in the year 2002 having roll no.662 from M.V. High School, Mohammadpur, Bihar, wherein date of birth of the petitioner was mentioned as 2.8.1987. The petitioner passed his intermediate examination in the year 2004 from Rajendra College Chhapra from Bihar Intermediate Education Council with roll no.10274 and graduation in the year 2007 from Rajendra College Chhapra affiliated from Jai Prakash Vishwavidyalaya, Chhapra and D.L.Ed from Pt. H.S.S.P.S. Jayati Beleghat Gorakhpur in the year 2015. He also qualified U.P.T.E.T. in the year 2015 with roll no.5210100091. The respondent no.4 appointed the petitioner on the post of Assistant Teacher in Primary School Jeevkar, Block- Gagaha, District- Gorakhpur on 26.8.2016, Versus Counsel for Petitioner(s) : Kamlesh Kumar Tiwari Counsel for Respondent(s) : C.S.C. Arvind Kumar Prasad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
pursuant to which, he joined his duty on 29.8.2016 A complaint was made by one Chandan Kumar against the petitioner with the allegations that he has purchased his high school mark-sheet from Bihar and the B.T.C. degree has also been obtained by the petitioner after changing his name and caste. The aforesaid mark-sheets and degree have been utilized for the purposes of selection on the post of Assistant Teacher. Notices were issued to the petitioner on the aforesaid complaint on 9.1.2019 and the petitioner appeared before the respondent no.4 on 18.1.2019 and deposited all his educational certificates in the office of respondent no.4.
On 3.12.2019, the petitioner was placed under suspension by respondent no.4 and an inquiry officer was appointed for conducting a department inquiry, after which a charge sheet was submitted on 23.6.2020, to which the petitioner was asked to submit a reply within a week. No charge sheet or show cause notice was ever served to the petitioner at any point of time and he had not submitted any reply against the charge sheet or the show cause notice issued against him. The order impugned has been passed on 9.4.2021, without giving any notice or opportunity of hearing to the petitioner and a first information report was also lodged against the him. The petitioner was arrested on 3.1.2022, pursuant to the first information report dated 12.4.2021, therefore, there is delay in challenging the impugned termination order dated 9.4.2021. The ground taken in the petition for quashing the impugned order is that no notice or opportunity of hearing was provided to the petitioner. Learned counsel for the respondents as well as learned Standing Counsel for the State submit that after a detailed inquiry regarding the high school certificate, which has been obtained from Bihar as well as BTC certificate, which has been obtained after changing name and caste, it was found that the petitioner has obtained appointment on the post of Assistant Teacher on the basis of aforesaid forged certificates, therefore, has played fraud. They further submit that a detailed opportunity was provided to the petitioner but he did not appear before the authorities concerned to WRIA No. 13375 of 2025 2
submitted any reply. After a detailed inquiry dated 28.1.2021 and the verification from the concerned authorities i.e. the School and the University from where the high school and BTC certificates have been obtained, the order impugned has been passed, cancelling the appointment of the petitioner. Nothing has been placed on record also to show that the high school as well as BTC certificates of the petitioner are genuine.
The law is well-settled on this issue with numerous judicial pronouncements emphasizing the importance of integrity and honesty in public appointments. Court have consistently held that fraudulent appointments are void ab initio and must be set aside, regardless of the consequences. Similar controversy has already been decided by this Court in Writ - A No. - 20140 of 2023 (Kamlesh Kumar Nirankari vs. State Of U.P. And 2 Others) as decided on 25.08.2025 as well as in Writ - A No. - 48129 of 2017 (Satyaveer Singh vs. State of U.P. And 2 Others) as decided on
12.9.2025. In view of the aforesaid, no interference is required by this Court. The present petition is dismissed, accordingly. September 17, 2025 Kalp Nath Singh WRIA No. 13375 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad