Court dismisses writ petition challenging termination over manipulated academic credentials, stresses fraud vitiates all acts.
In a significant ruling, the Allahabad High Court has dismissed the writ petition filed by Preeti Jaiswal, challenging the termination of her appointment as an Assistant Teacher on the grounds of fraudulent academic credentials. The court underscored the principle that appointments obtained through fraudulent means are inherently void and emphasized that fraud vitiates all solemn acts.
The case revolved around allegations that Jaiswal secured her teaching position by submitting a manipulated Bachelor of Arts marksheet from St. Andrew's College, affiliated with Deen Dayal Upadhyay Gorakhpur University. The discrepancies came to light during a multi-tiered verification process, which included reports from the university's inquiry committee and the Special Task Force.
The petitioner argued that her marksheet was consistent with the tabulation register and contended that no formal cancellation of her degree had occurred. She also cited procedural lapses, such as the absence of a full-fledged departmental inquiry under the U.P. Government Servant (Discipline and Appeal) Rules, 1999, and the delay in initiating proceedings as grounds for quashing the termination order.
However, the court, presided over by Justice Manju Rani Chauhan, dismissed these arguments. The judgment highlighted that procedural inquiries are not warranted when an appointment is void ab initio due to fraud. It further clarified that the absence of a formal degree cancellation by the university does not impede an employer from acting upon verified fraudulent credentials.
The judgment also addressed the evidentiary weight of academic records, prioritizing the primary counterfoil over secondary records like the tabulation register. The court found that the marks reflected in Jaiswal's marksheet did not reconcile with the original records, rendering her appointment unsustainable.
Furthermore, the court ruled that the length of service cannot legitimize an appointment obtained through fraud, asserting that equity cannot be invoked to perpetuate illegality. The court upheld the consequential actions of salary recovery and initiation of criminal proceedings as natural outcomes of an annulled appointment.
The judgment sets a precedent reinforcing the legal framework that appointments secured through deceit are nullified at inception, irrespective of procedural lapses or delays in discovery.
Bottom Line:
Fraudulent appointments obtained through forged documents are void ab initio. No equitable considerations such as length of service or procedural safeguards can shield such appointments from annulment.
Statutory provision(s): U.P. Government Servant (Discipline and Appeal) Rules, 1999, U.P. State Universities Act, 1973, Article 226 of the Constitution of India.
Preeti Jaiswal v. State of Uttar Pradesh, (Allahabad) : Law Finder Doc id # 2877399
