MD.ARSHAD HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was selected and appointed by the District Superintendent of Education, Araria, as an Assistant Teacher in a Government Primary School where he joined on 11.5.1976. It appears that sometime before the writ petition was filed, the salary of the petitioner was stopped. He filed this writ petition for a direction for payment of salary. During the pendency of the writ petition, he was then directed not to continue with the teaching work, which he challenged by an interlocutory application. He was then dismissed from service, which again he has challenged by another interlocutory application. The dismissal order is dated 23.11.2007 and is contained in Annexure-12 to the Interlocutory Application No. 1295 of 2008 filed in the present application.

(2.) A perusal of the said order would show that an enquiry was conducted with regard to the authenticity of the mark-sheet of teachers training school examination, as conducted by the Bihar School Examination Board and as submitted by the petitioner. The Bihar School Examination Board confirmed that the mark-sheet was forged. Further enquiry was also made from the institution where the petitioner had completed such course and the Institution also reported that there was no student in the name of the petitioner during the session in question, enrolled in the said institution. It may be noted here that though then had become solitary issue in the writ petition, the writ petitioner himself did not file any mark-sheet. The only plea that is being taken by the writ petitioner before this Court is that before issuing the order of termination he was not granted an opportunity of hearing. In my view, once the authenticity of the mark-sheet has been put in issue even before this Court, the petitioner cannot be permitted to take the shelter of legal technical plea of natural justice without answering the issue directly. The only inference in this regard can be that he has no answer to the issue. The original tabulation register was also produced before this Court, which supports the contention of the Bihar School Examination Board. It may also be noted here that at one stage, a communication was received in the office of Deputy Superintendent of Education, Araria, from the Examination Board confirming the authenticity of the mark sheet, as submitted by the petitioner, i.e. Annexure-F to the counter affidavit of the State. Upon enquiry from the Bihar School Examination Board it was revealed that no such letter was dispatched and in support thereof dispatch register was also produced before this Court. In my view, these are sufficient to show that the petitioner had sought appointment on basis of forged and fabricated mark-sheet. His appointment was thus void ab initio. He has no right to continue. It is well established that once appointment is held to be void it vitiates all proceedings. In that view of the matter, I am not inclined to interfere in this matter.

(3.) The writ petition is accordingly dismissed.