Fraudsters will not be entitled to legal protection, says HC
HC WAS HEARING A PLEA FILED BY A MAN WHO SUBMITTED A FAKE B.ED CERTIFICATE TO GET A TEACHING JOB. HE THEN SOUGHT SUBSISTENCE ALLOWANCE FROM THE SCHOOL MANAGEMENT
MUMBAI : Observing that fraudsters do not deserve any legal protection, the Bombay high court has rejected the petition of a city school teacher who had secured the job on the strength of fabricated documents.
A division bench of justice SC Dharmadhikari and justice Bharati Dangre dismissed the petition filed by Yadavendra Yadav, saying the person who has obtained appointment on the basis of a fraudulent document is not entitled for any protection that a civil servant would normally enjoy by virtue of Article 311 of the Constitution of India.
Yadav had secured the job of assistant teacher in Hindi medium section of Nutan Vidya Mandir High School at Kurar in Malad (East) claiming that he had completed Bachelor of Education (B.ED) course from Sampurnanand Sanskrit University, Varanasi.
Yadav’s services were terminated in June 2011 after it became clear that he had submitted a forged BED certificate. Claiming that he was suspended from service, Yadav had approached the high court in February 2012 seeking direction to the school management to pay him subsistence allowance during the period of suspension – as mandated under prevailing rules.
The school, however, maintained that the order was not of suspension, but terminated his services altogether on the ground of having played a fraud in securing the job and therefore he was not entitled to any payment – subsistence allowance or otherwise.
Yadav then took a plea of violation of the principles of natural justice contending that the school management did not offer him any opportunity of hearing and did not follow any procedure before terminating his services, and therefore his termination was illegal.
The high court rejected the contention saying the principles of natural justice cannot be stretched too far to assist a person who has played a fraud. “Fraud vitiates all actions, all transactions known to law of however high a degree of solemnity,” it said while rejecting his claim.
The judges said when Sampurnanand Sanskrit University itself has categorically stated that some other candidate had appeared on the roll number mentioned by Yadav in his documents, it leads to an irresistible conclusion that the BED degree produced by him was forged and thereafter there was no need for any further inquiry to be conducted in the matter before terminating him from services.