High CourtDivision BenchAppeals allowed

DISTRICT PRIMARY SCHOOL COUNCIL, WB v. MRITUNJOY DAS & ORS.

Case / Petition Number:Civil Appeal No. 6007 of 2011; Civil Appeal No. 6008 of 2011
Neutral Citation:[2011] 9 S.C.R. 546

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Dr. Mukundakam Sharma
  • Anil R. Dave
Judgment Date
2011-07-27
Court Decision / Holding
Appeals allowed; the Calcutta High Court Division Bench judgment is set aside and the Single Judge’s order is restored. The appeals are allowed with costs.
Final Disposition
Appeals allowed

Parties to the Case

Appellants / Petitioners

  • DISTRICT PRIMARY SCHOOL COUNCIL, WB

Respondents

  • MRITUNJOY DAS & ORS.

Legal Representation & Advocates

Counsels for Petitioners

  • • Deba Prasad Mukherjee
  • • Nandini Sen

Counsels for Respondents

  • • Sahasrangshu Bhattacharjee
  • • Chanchal Kumar Ganguli
  • • Abhijit Sengupta
  • • B.P. Yadav

Case Synopsis & Summary

This Supreme Court judgment deals with two related appeals (Civil Appeal Nos. 6007 and 6008 of 2011) arising from dismissal of respondents from service for admission to a training course leading to a Primary Teachers’ Training Institute Certificate, a mandatory pre-requisite for appointment as Assistant Teacher in West Bengal primary schools. The respondents had obtained admission by inflating their marks, completed the training course, and were subsequently selected and appointed as teachers. After the fraud came to light, the appellant issued show-cause notices and, after hearing, dismissed the respondents. The Calcutta High Court, by a Division Bench, allowed the writ petitions filed by the respondents, whereas the Single Judge had dismissed them. The core legal question was whether the appellant’s dismissal order was justified where the alleged fraud preceded the appointment and whether due process and natural justice were observed. The Court relies on the maxim that if an act is fraudulent, any consequence arising from it is non est and void ab initio, aligning with the principle that no one should retain the advantage obtained by fraud, and cites the Ram Preeti Yadav decision to that effect. The judgment also notes that the appointment had relied on a fraudulent admission. Ultimately, the Court reverses the Calcutta High Court’s Division Bench and restores the Single Judge’s order, holding that the appeals are allowed. The decision emphasizes fraud vitiating eligibility and supports upholding the integrity of recruitment processes in service matters, with references to relevant jurisprudence on natural justice and fraud.

Legal Doctrines & Maxims

  • If a particular act is fraudulent, any consequential order to such fraudulent act or conduct is non est and void ab initio.
  • No person should be allowed to keep an advantage which he has obtained by fraud.
  • Principles of natural justice.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant submits that once admission to the training course and the consequent certificate were obtained by inflating marks, the entire process becomes vitiated by fraud and any order based on such fraudulent act is non est and void ab initio. It contends that the respondents sought appointment after procuring the certificate through fraudulent means, and any consequent action against them is legally justified. It is argued that no fault occurred in giving show-cause notices and providing opportunity of hearing; the act of fraud taints the appointment and justifies dismissal to uphold the integrity of the recruitment process. The appellant relies on Ram Preeti Yadav and similar authorities to underscore that a party should not retain the advantage gained by fraud. The Court is urged to set aside the High Court’s Division Bench order and restore the Single Judge’s decision, affirming dismissal as a valid consequence of fraudulent conduct.

Contentions of Respondents

The respondents’ counsel contend that at the time of appointment there was no fraud in the process; they had qualified in the test and completed the training course, and the earlier inflating of marks occurred prior to admission to the course as a separate act. They argue that there was no fraud at the time of appointment and that the appellant’s action is therefore not justified. They also assert that the opportunities for hearing and due process were satisfied, and that the High Court’s Division Bench correctly addressed the writ petitions. The respondents maintain that relying on fraud in a prior stage should not automatically negate the appointment obtained after legitimate processes, and they challenge the inference that the certificates themselves were void ab initio. The respondents rely on established principles of natural justice and fairness in administrative actions.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Ram Preeti Yadav v. U. P. Board of High School and Intermediate Education and Others(2003) 8 SCC 311PositiveCited as authority for the proposition that a person cannot retain the advantage obtained by fraud; used to justify setting aside decisions based on fraudulent conduct.
Intermediate Education and Ors.(2003) 8 SCC 311; 2003 (3) Suppl. SCR 352Mentioned OnlyCited as background reference; referred to in context but not central to the ruling.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against DISTRICT PRIMARY SCHOOL COUNCIL, WB v. MRITUNJOY DAS & ORS. and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# [2011] 9 S.C.R. 546 . - \o- # A DISTRICT PRIMARY SCHOOL COUNCIL, WB _v._ tJIRITUNJOY DAS & ORS. (Civil Appeal No. 6007 of 2011) B JULY 27, 2011 •[• ] .. # **[DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.]** - - _Service law Dismissal from service Appointment!_ c _[selection ][of ][respondents as Assistant teacher ][in ][Primary ] Schools_ - _Respondents as_ a _pre-requisite had taken admission in the training course for obtaining Primary Teachers' Training Institute Certificate to get appointment as_ - _Assistant Teacher However, subsequently, the School_ D _[Council found that the admission ][in ][the ][training course was ]_ - _obtained by inflating their marks Respondents dismissed_ - - _from service Writ petitions by the respondents Dismissed by the Single Judge of the High Court- However, the Division_ - _Bench of the High Court allowed the appeal On appeal,_ E _[held: ][If ]_[a ] _[particular act is fraudulent, any consequential order ] to such fraudulent act or conduct is non est and void ab initio_ - _No person should be allowed to keep an advantage which_ - _has been obtained by fraud Respondents inflated their marks in order to obtain admission in the Primary Teachers' Thus, the admission sought for was_ F _[Training Institute ]_[-] _through an illegal means which is deprecated_ - _No fault can_ - _be found with the course of action taken by the appellant Also respondents were issued show cause notice and were_ - _given an opportunity of hearing Thus, there was no violation_ - _of the principles of natural justice Order passed by the_ G _Division Bench of the High Court is set aside and that of the_ - _Single Judge of the High Court is restored Doctrines/_ - _Principles Natural justice._ ~ .. .,,.. ~ ' _"t'_ _Ram Preeti Yadav v, UP. Board of High School and_ 546 H 547 # DISTRICT PRIMARY SCHOOL COUNCIL, WB _v._ MRITUNJOY DAS & ORS. ·--+--. _lntermediateEducation and_ Ors. (2003) 8 SCC 311: 2003 (3) A - Suppl. SCR 352 referred to. · ## Case Law Reference 2003 (3) Suppl. SCR 352 Referred to. Para 7 B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6007 of 2011. From the Judgment & Order dated 28.04.201 O of the High Court of Calcutta in MAT No. 254 of 2010. c WITH ## C.A. No. 6008 of 2011. Deba Prasad Mukherjee, Nandini Sen for the Appellant. Sahasrangshu Bhattacharjee, Chanchal Kumar Ganguli, Abhijit Sengupta, B.P. Yadav for the Respondents. The following order of the Court was delivered by ORDER ## 1. Leave granted. - -'-. > 2. As the facts and the legal issues arising for our consideration in both these appeals are similar, we propose to dispose of both these appeals by this common judgment and order. F _..._ 3. The contesting respondents herein got themselves admitted for a training course, for obtaining the Primary Teachers' Training Institute certificate, which is pre-requisite and G mandatory in order to get appointment as Assistant Teacher in primar)' schools in West Bengal. The contesting respondents herein obtained certificates after completing their training course. Thereafter, they also submitted their candidature for such appointment as Assistant Teacher in primary school in which they were selected and were consequently appointed as H G 548 SUPREME COURT REPORTS [2011] 9 S.C.R. - t- A teachers. However, subsequently, it was found that they had taken admission in the aforesaid training course for Primary Teachers' Training Institute Certificate by inflating their marks. It is pointed out that in the said institute, where they got admission for undergoing training, the minimum marks that one B[had ][to ][obtain ][for ][admission ][in ][that ][particular ][year ][was ][600. ][Both ] the contesting respondents inflated their marks. In one case, it was 621 as against 430 marks actually obtained and in the other case, it was 614 as against actual obtained marks of 425. After the aforesaid fact came to light, the appellant herein c[issued ][show ][cause ][notice ][to ][the ][contesting ][respondents ][and ] the contesting respondents were also called for a personal hearing. However, none of the contesting respondents availed the opportunity of personal hearing given to them despite the fact they submitted their replies to the show cause notices. The D[appellant thereafter ][passed ][orders ][dismissing ][the ][contesting ] respondents from service. •[... ] ~ t J: 4. Being aggrieved by the said order of dismissal, the contesting respondents herein filed writ petitions in the Calcutta High Court which were dismissed. On appeals filed by the E contesting respondents before the Division Bench of the High Court, the same were allowed as against which the present appeals have been filed. 5. The issue that arises for our consideration in these F[appeals ][is ][whether ][the ][aforesaid ][order of ][dismissal ][issued ][by ] the appellant was justified in view of the fact that at the time of appointment as Assistant Teacher in primary school, there was no fraud played by the contesting respondents and that they had got the appointment after qualifying in the test held for G[appointment ][as ][Assistant ][Teacher ][in ][primary schools. It ][is ] submitted that they had also completed the training course successfully and got the appointment after duly qualifying in the test and, therefore, the allegation which is prior to the said date could not and should not have been given a weightage so as H[to ][disentitle ][the ][contesting ][respondents ][from ][continuing ][with ] ' y _-f_ v ' # DISTRICT PRIMARY SCHOOL COUNCIL, WB _v._ 549 MRITUNJOY DAS & ORS. · their job. These were the contentions of the learned counsel for the contesting respondents in the writ petition. A 6. Jhe contentions of the appellant who were respondents in the writ petition before the learned Single Judge are that • _[,J ]_ -\ once a fraud is played and certificate is obtained fraudulently, B such conduct is required to be considered as adverse. It was submitted that obtaining a certificate in a fradulent manner, makes the certificate itself non-est arid void ab initio. It is aiso submitted by the learned counsel appearing for the appellant that the aforesaid- action of dismissal from service of the c contesting respondents was taken in view of their conduct as it was thought that a person of such a conduct should not be allowed to be appointed and continue as a teacher in a primary >[[., ]] school as at the stage the students whom the respondents are going to teach are in formative stage. >[[., ]] D x . 7. We have considered the submissions of the counsel for the parties. On going through the records placed before us, what we find is that the contesting respondents herein inflated their marks in order to obtain admission in the primary teachers' training institute. Had the marks not been inflated in the E · aforesaid manner, the contesting respondents would not have got the admission in that particular institute as it is disclosed from the records. Therefore, the admission sought for was .-+'-i through an illegal means which is to be deprecated. The conduct of the contesting respondents being such, we cannot F find fault with the course of action taken by the appellant herein. It is not that the contesting respondents were not given any opportunity of hearing. They were given a show cause noti~e and were also given an opportunity of hearing which opportunity they did not accept although they subm_itted. a reply to t~e ~how G _...-)_ cause notice. There is, therefore, no v1olat1on of the pnnc1ples of natural justice in the present case. If a particular act is fraudulent, any consequential order to such fradulent act or conduct is non est and void ab initio and, therefore, we cannot find any fault with the action of the appellant in dismissing the h 550 SUPREME COURT REPORTS [2011] 9 S.C.R. _.fl._ service of the contesting respondents. In this context we refer to the decision of this Court in _Ram Preeti Yadav v. U. P. Board of High School and Intermediate Education and Others_ reported in (2003) 8 sec 311 for the proposition that no person should be allowed to keep an advantage which he has obtained s by fraud. 8. In view of the aforesaid position, we set aside the judgment and order passed by the Division Bench of the Calcutta High Court and restore the order passed by the learned C Single Judge of the High Court. 9. The appeals are allowed to the aforesaid extent leaving the parties to bear their own costs. N.J. Appeals allowed.