Taking a strict view in a case involving appointment of an Assistant Teacher on the basis of forged and fabricated educational documents and domicile certificates, the Allahabad High Court has held that where an appointment is secured through fraud and fake documents, no detailed departmental inquiry or opportunity of hearing is required.
The Court observed that employment obtained by fraud is void in the eyes of law and such a person is not entitled to any protection.
The order was passed by a Single Bench of Justice Manju Rani Chauhan while upholding the decision of the District Basic Education Officer, Deoria, cancelling the appointment of Assistant Teacher Garima Singh, and dismissing the writ petition by holding that the petitioner was not entitled to any relief.
According to the facts of the case, the petitioner was appointed in the year 2010 as an Assistant Teacher in Uchchtar Prathmik Vidyalaya, Bardiha Dalpat, Vikas Khand – Salempur, District Deoria, and continued in service for nearly 15 years.
In the year 2025, on the basis of a complaint, her educational and domicile certificates were re-verified, during which the documents were found to be forged. Consequently, the District Basic Education Officer, Deoria, by order dated 6 August 2025, cancelled her appointment.
The core issue before the Court was whether an appointment obtained on the basis of forged documents could be cancelled without holding a departmental inquiry or granting a detailed opportunity of hearing, even after long years of service.
While examining the issue, the Court expressed serious concern over a disturbing pattern and observed that,
“…………a large number of Assistant Teachers have secured appointments on the strength of forged and fabricated certificates, fake documents, or by deliberate concealment of material facts. Such persons continue to remain in service for years together, openly in collusion with the management of the institutions and, in many cases, with the active connivance or tacit approval of the concerned Basic Shiksha Adhikari.”
The Court further emphasized that,
“It is a matter of serious concern that despite issuance of several circulars and instructions by the State Government from time to time, the authorities entrusted with the duty of maintaining purity in the education system have failed to take effective and timely action against such illegal appointments.”
Besides this, the High Court strictly noted that such inaction on the part of the authorities not only continue forgery but also destroys at the very roots of the education system, causing grave prejudice to the interests of students.
In order to uphold the rule of law, protect larger public interest, and ensure that the education imparted to children is not compromised, the Court issued mandamus to the Principal Secretary, Basic Education, to conduct a comprehensive and time-bound scrutiny of the appointments of Assistant Teachers across the State.
The Court further directed that,
“The Principal Secretary shall ensure that appropriate action, strictly in accordance with law, is taken against all such teachers who have obtained appointment by playing fraud upon the authorities, including cancellation of appointments and recovery of salary, wherever permissible. Simultaneously, stringent disciplinary and penal action shall also be initiated against those officials who are found to have colluded with, abetted, or deliberately ignored such fraudulent appointments.”
Accordingly, while dismissing the writ petition, the Court directed to respondent authorities that the entire procedure be completed expeditiously, preferably within a period of six months from the date of receipt of a certified copy of the order.
Case: Garima Singh vs State Of U.P. And 2 Others
Date of Order: 22.01.2026
See Order: Garima Singh vs State Of U.P. And 2 Others
