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1 - 10 of 41 (0.43 seconds)State Of Maharashtra & Ors vs Ravi Prakash Babulalsing Parmar & Anr on 31 October, 2006
17. Recently, in State of Maharashtra v. Ravi
Prakash Babulalsing Parmar [(2007) 1 SCC 80
: (2007) 1 SCC (L&S) 5] dealing with a similar
situation, this Court has observed thus: (SCC
p. 89, para 23)
"23. The makers of the Constitution laid
emphasis on equality amongst citizens. The
Constitution of India provides for protective
discrimination and reservation so as to
enable the disadvantaged group to come on
the same platform as that of the forward
community. If and when a person takes an
undue advantage of the said beneficent
provision of the Constitution by obtaining
the benefits of reservation and other
benefits provided under the Presidential
Order although he is not entitled thereto, he
not only plays a fraud on the society but in
effect and substance plays a fraud on the
Constitution. When, therefore, a certificate
is granted to a person who is not otherwise
entitled thereto, it is entirely incorrect to
contend that the State shall be helpless
spectator in the matter."
Article 226 in Constitution of India [Constitution]
Union Of India & Ors vs M. Bhaskaran on 30 October, 1995
"33. The fraud and misrepresentation vitiates
a transaction and in case employment has
been obtained on the basis of forged
documents, as observed in M. Bhaskaran
case [Union of India v. M. Bhaskaran, 1995
Supp (4) SCC 100 : 1996 SCC (L&S) 162 :
R. Vishwanatha Pillai vs State Of Kerala & Ors on 7 January, 2004
33. From the rival submissions made by learned
counsel for the parties, it is apparent that charge sheet
was issued to petitioners alleging that the educational
certificates/degree produced by them at the time of
appointment was found to be fake. Petitioners now
allege that the disciplinary inquiry was not done strictly
as per the Discipline & Appeal Rules, applicable to State
employees, and there were some lapses here & there.
The question is whether a person, who is not eligible
for appointment for want of necessary qualification, if
2024:UHC:7331
manages to get appointed by playing fraud, can claim
protection of Article 311 of the Constitution. Hon'ble
Supreme Court in the case of R. Vishwanatha Pillai
(Supra) and various other judgments referred to above
has held that a person, who has secured appointment
under the State by playing fraud, cannot claim
protection of Article 311.
Regional Mangaer, Centaral Bank Of ... vs Madhulika Guru Prasad Dahir And Ors on 25 July, 2008
16. Similarly, in the case of "Regional Manager,
Central Bank of India Vs. Madhulika Guruprasad Dahir
& others, reported in (2008) 13 SCC 170, Hon'ble
Supreme Court was dealing with the case, where a
person had obtained appointment on the basis of a
false caste certificate, and it was held that fraud
vitiates everything and, therefore, if a person has
continued to work on the post for over 20 years, even
then, having obtained appointment on the basis of false
and forged caste certificate, cannot claim any equity or
benefit on that basis. Paragraph nos.14, 15, 16, 17 &
18 of the said judgment are extracted below:
Union Of India And Ors vs Mohd. Ramzan Khan on 20 November, 1990
He further
submits that, before passing the termination order,
report of the Inquiry Officer was not supplied to
petitioner, which is in violation of law declared by
Hon'ble Supreme Court in the case of "Union of India &
others Vs. Mohd. Ramzan Khan, reported in (1991) 1
SCC 588 and also in the case of "Managing Director,
ECIL, Hyderabad and others Vs. B. Karunakar and
others, reported in (1993) 4 SCC 727.
S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993
(Vide S.P. Chengalvaraya
Naidu v. Jagannath [(1994) 1 SCC 1 : AIR
1994 SC 853] .)
A.P. State Financial Corpn vs Gar Re-Rolling Mills on 10 February, 1994
In A.P. State Financial Corpn. v. GAR Re-
Rolling Mills [(1994) 2 SCC 647 : AIR 1994 SC
2151] and State of
Maharashtra v. Prabhu [(1994) 2 SCC 481 :
State Of Maharashtra vs Prabhu on 3 November, 1993
In A.P. State Financial Corpn. v. GAR Re-
Rolling Mills [(1994) 2 SCC 647 : AIR 1994 SC
2151] and State of
Maharashtra v. Prabhu [(1994) 2 SCC 481 :