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Allahabad High Court upholds order terminating services of woman school teacher who got her job with forged, fabricated caste certificate

The petitioner was given appointment on November 30, 1999 by the District Basic Education Officer, Hardoi with condition that in 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 submitted a caste certificate of her belonging to Scheduled Caste category.

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The Allahabad High Court Thursday has upheld the order of the District Basic Education Officer terminating the services of a woman government teacher who secured her appointment by forged and fabricated caste certificate.

A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a petition filed by Munni Rani. The petition has been filed seeking the quashing of the order dated July 2, 2021 passed by the District Basic Education Officer, whereby the petitioner’s appointment on the post of Assistant Teacher/Head Master has been cancelled and her services have been terminated.

The petitioner was given appointment on November 30, 1999 by the District Basic Education Officer, Hardoi with the condition that in 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.

One Rajeev Khare on October 27, 2020 made a complaint to the District Magistrate, Hardoi stating therein that petitioner is a Muslim and in her service book, her religion was mentioned as Islam.

However, at the time of selection and appointment, she submitted the caste certificate of her belonging to Scheduled Caste category and obtained the appointment by playing fraud by submitting the forged and fabricated caste certificate.

After the petitioner was appointed on January 30, 1999 on the post of Assistant Teacher, the petitioner was promoted on July 3, 2004 to the post of Headmaster on the post reserved for Scheduled Caste candidates.

The petitioner’s caste certificate was examined.

The inquiry regarding the petitioner’s appointment on the post of Assistant Teacher on the basis of the forged and fabricated caste certificate, was given to the Block Education Officer, who in his report dated January 8, 2021 stated that petitioner got appointment on the post of Assistant Teacher on the basis of the caste certificate of her belonging to Scheduled Caste category. She was also promoted in that category to the post of Headmaster. Despite notice having been issued to the petitioner, the petitioner did not offer any explanation on the allegations.

It is averred in the petition that petitioner did not submit any caste certificate of her belonging to Scheduled Caste category and neither she mentioned in her application that she was from the Scheduled Caste category.

Considering the averments made in the petition, the original record regarding appointment of the petitioner has been summoned.

The Court noted that, from the original record, it is evident that petitioner had submitted the caste certificate allegedly issued by the office of the Tehsildar, Sadar, Lucknow on November 5, 1995, in which it was said that petitioner belongs to Scheduled Caste category. Photocopy of the said caste certificate was attested by one V.K. Khanna, Banks Medical Officer, State Bank of India, Chowk Branch, Lucknow. All other educational documents were also attested by the said person only.

The Court noted further that, from the facts as stated above, 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 Scheduled Caste category.

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

The Court said that, fraud vitiates the very appointment of the petitioner on the post of Assistant Teacher and renders the same as void ab initio.

In view of the aforesaid, the 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, is hereby dismissed, the court ordered.

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