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"Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services

Sparsh Upadhyay
16 Dec 2021 2:21 PM GMT
Appointment Secured By Forging Caste Certificate: Allahabad High Court Upholds Termination Of Govt Teachers Services
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The Allahabad High Court today upheld the order of the District Basic Education Officer terminating the services of a woman Government Teacher who was found to have forged and fabricated a caste certificate for securing her appointment.Observing that in her application, a woman Government Teacher had mentioned her caste to be 'Ansari', but she had submitted the caste certificate of her...

The Allahabad High Court today upheld the order of the District Basic Education Officer terminating the services of a woman Government Teacher who was found to have forged and fabricated a caste certificate for securing her appointment.

Observing that in her application, a woman Government Teacher had mentioned her caste to be 'Ansari', but she had submitted the caste certificate of her belonging to Scheduled Caste category while securing an appointment, the Bench of Justice Dinesh Kumar Singh upheld her termination order.

The matter in brief 

The petitioner/Woman was given an appointment in November 1999 by the District Basic Education Officer, Hardoi with the condition that in the future if any information given by the petitioner or any document submitted by her would be found to be incorrect or forged, her services would be liable to be terminated forthwith.

The petitioner had submitted a caste certificate of her belonging to the Scheduled Caste category. Thereafter, a complaint was to the District Magistrate, Hardoi stating therein that the petitioner is a Mohammadan and in her service book, her religion was mentioned as 'Islam' and yet, at the time of selection and appointment, she had submitted the caste certificate of her belonging to the Scheduled Caste category.

With the prima facie observation that she had obtained the appointment by playing fraud by submitting the forged and fabricated caste certificate, a notice was issued to her seeking her explanation, however, the petitioner did not offer any explanation for the allegations and thus, her services were terminated.

Challenging the same, she moved to the High Court averring that she had never submitted a caste certificate to secure the job

Court's observations 

Perusing the original record, the Court observed that the petitioner had in fact submitted the caste certificate allegedly issued by the office of the Tehsildar, Sadar, Lucknow in 1995, in which it was said that the petitioner belongs to the Scheduled Caste category.

In view of this, the Court noted that it is evident that in her application she has mentioned her caste to be 'Ansari', but she had submitted the caste certificate of her belonging to the Scheduled Caste category.

Thus, stressing that fraud vitiates the very appointment of the petitioner on the post of Assistant Teacher and renders the same as void ab initio, the Court came to the following conclusion:

"...from the perusal of the record and the stand of the opposite parties, it is evident that petitioner secured the appointment on the post of Assistant Teacher by playing fraud and submitted a forged and fabricated caste certificate of her belonging to Scheduled Caste category"

In view of the aforesaid, this Court does not find any error in the impugned order passed by the District Basic Education Officer, Hardoi, therefore, the writ petition being devoid of merit and substance was dismissed.

Case title - Munni Rani v. State Of U.P. Thru. Addl.Chief Secy.Basic Education & Ors

Click Here To Read/Download Order

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