Case Note & Summary
The case involves three writ petitions arising from a dispute over the appointment of a teacher in a private aided school. The first petition was filed by the educational institution (Sant Kabir Shikshan Prasarak Mandal and its school) challenging the order of the Education Officer directing reinstatement of Azhar Khan, a temporary employee. The second petition was filed by Rajani Bhimrao Wagh, a new employee appointed after Azhar Khan's termination. The third petition was filed by Azhar Khan seeking reinstatement and back wages. The facts reveal that Azhar Khan was appointed as a temporary teacher on 1 July 2014. Subsequently, the management discovered that he had suppressed the fact that he was already employed as a teacher in another school and had produced forged documents to obtain the appointment. Consequently, the management terminated his services on 30 June 2015 without holding any inquiry. Azhar Khan approached the Education Officer, who directed his reinstatement. The management challenged this order. The court examined the legality of the termination and the validity of the appointment. The court held that an appointment obtained by fraud and misrepresentation is void ab initio. Since the appointment itself was void, the employee had no right to a hearing before termination. The court further held that the principle of natural justice does not apply when the appointment is fraudulent. The court also noted that the employee was a temporary appointee and had no right to the post. The court set aside the order of the Education Officer and dismissed Azhar Khan's petition for reinstatement. The court also allowed the petition of the new employee, Rajani Bhimrao Wagh, protecting her appointment. The court directed that Azhar Khan is not entitled to any relief.
Headnote
A) Service Law - Fraudulent Appointment - Termination - Appointment obtained by suppressing material facts and producing forged documents is void ab initio - The employee, a temporary appointee, was terminated without inquiry after the employer discovered that she had misrepresented her qualifications and suppressed the fact that she was already employed elsewhere - Held that such an appointment is void and the employee is not entitled to reinstatement or back wages (Paras 10-15). B) Service Law - Natural Justice - Applicability - Principle of audi alteram partem does not apply when the appointment itself is fraudulent - Since the appointment is void ab initio, there is no right to a hearing before termination (Paras 12-14). C) Service Law - Writ Jurisdiction - Maintainability - Writ petition under Article 226 of the Constitution of India is maintainable against a private educational institution receiving aid from the State - The institution is performing a public function and is amenable to writ jurisdiction (Para 5).
Issue of Consideration
Whether an appointment obtained by fraud and misrepresentation can be terminated without an inquiry, and whether the employee is entitled to reinstatement and back wages.
Final Decision
The court allowed the petitions of the management and the new employee, and dismissed the petition of Azhar Khan. The order of the Education Officer directing reinstatement was set aside. Azhar Khan is not entitled to reinstatement or back wages.
Law Points
- Appointment obtained by fraud is void ab initio
- Termination of temporary employee without inquiry is valid if appointment is fraudulent
- No right to hearing before termination if appointment is void
- Principle of natural justice not attracted when appointment is fraudulent
- Writ petition maintainable against private educational institution receiving aid
