- (1.) The present writ petition has been filed for quashing the letter dated 27th June, 2019 (Annexure-8 to the writ petition) issued by the Secretary, Jharkhand Academic Council, Ranchi- respondent no.3, informing that the petitioners' registrations were cancelled earlier by the concerned college. Further prayer has been made for issuance of direction upon the respondent no.2 to forthwith publish the result of the petitioners and issue primary teachers training certificates in their favour.
(2.) The case of the petitioners is that the respondent no.1 issued an advertisement in the year 2010 inviting applications for admission in two years Teachers Training Course i.e. 2010-12. The petitioners applied for the said course, however, as per their averments, they did not submit their NCC certificates. All the documents/certificates submitted by them were self-attested, however, NCC certificates, which are claimed to have been submitted by the petitioners, were not self-attested. The petitioners were selected for the said course and were called to get themselves registered. The petitioners took admission in Government Primary Teachers Training College, Bundu and on completion of their training course, they appeared in the Teachers Training Examination, which was held from 10th to 14th December, 2012. The petitioners were declared successful in the said examination, result of which was published in the month of February, 2013, however, the mark-sheets were not given to several persons including the petitioners. It is further submitted that despite several requests made by the petitioners, none of the authorities took any action in this regard and finally vide impugned letter dated 27 th June, 2019, the respondent no.3 informed the petitioners that their registrations were cancelled in view of the letters dated 18th December, 2012 and 19th December, 2012 issued by the Principal, Government Primary Teachers Training College, Bundu.
(3.) A counter affidavit has been filed on behalf of the respondent nos.2 and 3 bringing on record the copy of letter no.322 dated 19th December, 2012, whereby the respondent no.3 was requested not to issue certificates to the petitioners putting remarks in the said letter that their candidature/selection in the said training course had been cancelled in view of the fact that the certificates of the candidates had not been found genuine after verification. The said letter dated 19th December, 2012 issued by the respondent no.4 contains the names of eight candidates, namely, Manjit Kumar Singh, Gurupad Yadav, Ramapati Pramanik (petitioner no.2), Santosh Kumar (petitionerno.1), Albert Horo, Sanjay Munda, Pratap Singh Munda and Ajit Singh Munda. So far as Albert Horo, Gurupad Yadav, Manjeet Kumar Singh and Sanjay Munda are concerned, they moved this Court by preferring a writ petition being W.P.(C) no.1205 of 2015, which was dismissed by a Bench of this Court vide order dated 5th December, 2016, a copy of which has been annexed as Annexure-B to the counter affidavit filed on behalf of respondent nos.2 and 3. The relevant part of the said order dated 5th December, 2016 reads as under:- "8. I have considered the submission of the parties and relevant materials on record. Upon consideration of the materials on record as noticed herein above, the plea of the petitioners seems to be misplaced. They have neither enclosed any show cause reply nor documents in support of the genuineness of their certificates. They have miserably failed to controvert the categorical statement of the Respondent JAC through their counter affidavit. The decision taken at Annexure-A clearly shows that upon verification the relevant N.C.C certificates and Physical handicap certificates were found to be forged. The students were asked to furnish their reply which were also considered before taking such decision. Annexure-B and C are of later date and they would not improve the case of petitioner any further. In any case, the decision not to publish the result were taken by the Respondent- JAC after due consideration of the reply of the students after the certificates were found to be forged on verification, which stand unrefuted by the petitioners on any count. The admission to the college was taken on forged certificates, which has vitiated the entire process. Reference may be made to the judgment of the Hon'ble Supreme Court In the case of District Primary School Council, West Bengal versus Mritunjoy Das and others [(2011) 15 SCC 11], wherein Respondent had obtained admission in the Training Courses for Primary Teachers by inflating their marks. After due notice and show-cause and after coming to a finding that they had resorted to a fraud while obtaining admission, they were dismissed from service. The Apex Court in the aforesaid facts, which bear similarities to the facts of the present case, held as follows: " "9. 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 Teacher's Training Institute. Had the marks not been inflated in the 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 through an illegal means which is to be deprecated. The conduct of the contesting respondents being such, we cannot 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 notice and were also given an opportunity of hearing which opportunity they did not accept although they submitted a reply to the show-cause notice. There is, therefore, no violation of the principles of natural justice in the present case. If a particular act is fraudulent, any consequential order to such fraudulent 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 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 for the proposition that no person should be allowed to keep an advantage which he has obtained by fraud." 9. It is settled proposition of law "Fraud avoids all judicial acts, ecclesiastical or temporal". The writ Court while exercising its equitable jurisdiction, should prevent perpetration of illegality / fraud. Fraud and justice never dwell together. Reliance may also be placed on the judgment rendered by the Apex Court in the case of Devendra Kumar versus State of Uttaranchal and others [(2013) 9 SCC 363]. 10. Having taken note of the entire facts and the grounds urged, no case is made out on the part of these petitioners warranting interference in the matter. The writ petition being devoid of merit is accordingly dismissed." ;