Ashish Chopra vs The State Of Punjab And Others on 7 November, 2017
Similar issue was there before Rajasthan High Court in the
cases of Narender Singh Vs. State of Rajasthan 1998 (4) S.C.T. 221,
Sunil Singh Charan Vs. Chairman & Managing Director, Ajmer Vidhyt
Vitran Ltd., Ajmer and others 2004 (7) SLR 75, Surya Prakash
Upadhyay Vs. Vice Chancellor, M.L.S. University and another 2004 (2)
S.C.T. 563, Uttarakhand High Court in the case of Deepak Kumar Vs.
State of Uttaranchal and others 2005 (7) SLR 776 and Patna High Court
in the case of Ram Babu Kumar Vs. State of Bihar and others 2005 (2)
BLJR 1219
In the present case also, there is misrepresentation and
concealment of facts. The petitioner was not eligible for appointment to the
post of Vocational Teacher as he was not possessing the requisite
qualification when application was made. The matter was kept pending for
a long period and on attaining the higher qualification, fresh application was
submitted. Not only false affidavit has been filed by concealing the fact
regarding salary of father of the petitioner but nowhere it was mentioned
that the father of the petitioner was also in Government job. The
10 of 11
::: Downloaded on - 09-12-2017 01:27:03 :::
C.W.P. No. 25363 of 2017 (11)
undertaking was furnished in such a manner from which it could not be
inferred that any other family member was earning. It can easily be made
out that the appointment has been procured in a fradulent manner by
misrepresenting the material facts and by concealment of the factual
position. The petitioner does not deserve to be retained on the post of
Vocational Teacher and it can be said that the impugned order of dismissal
has rightly been passed.