D.N.PATEL - (1.) COUNSEL for the petitioner submitted that the service of the present petitioner have been terminated by the respondents vide order dated 9 th May, 2011, which is at Annexure5 to the memo of the supplementary affidavit, filed by the petitioner and therefore, against this order of termination, this writ petition has been preferred.
(2.) COUNSEL for the petitioner submitted that the document, which is annexed with the rejoinder affidavit at page 11, reveals the fact that the petitioner has cleared standard 7th examination whereas, the respondents upon verification of the 7th standard certificate, found that it was fake and fabricated. This is a misconception of fact on the part of the respondents. Petitioner has annexed documents given by the concerned school and therefore, an order of termination deserves to be quashed and set aside. Counsel for the respondents vehemently submitted that a detailed counter affidavit has been filed and it has been stated in paragraph10 thereof that the certificate of 7th standard, which was submitted by the petitioner, was found to be fake and fabricated upon verification, which is minimum educational qualification for the post in question. Counsel for the respondents has also pointed out that looking to the rejoinder affidavit at page 11, the marks which have been obtained by the petitioner in Mother Tongue Hindi out of 100 marks is 31 marks. In Math also out of 100 marks, the petitioner obtained 18 marks. Similarly, other marks are much poorer and thus, the candidate has been failed looking to the marks given at Annexure7, annexed with the rejoinder affidavit, filed by the petitioner. Even otherwise also, the photocopy of the certificate reveals the date of birth as 18th October, 1970 whereas, the original document reveals the date of birth as 18 th October, 1968. Thus, the second document is also false and fabricated. In view of these facts, the services of the petitioner have been brought to an end and a detailed speaking order, which is at Annexure5 to the memo of the supplementary affidavit, has been passed and therefore, the present petition deserves to be dismissed.
(3.) IT is further stated by the counsel for the respondentState that fraud vitiates the whole selection process of the present petitioner and if the petitioner is too much insisting upon the evidence then also the writ jurisdiction may not be invoked by this Court by entertaining this writ petition in exercise of powers under Article 226 of the Constitution of India. Having heard counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons: (i) The present petitioner was appointed as a Constable for which minimum qualification is 7th Standard pass. Petitioner submitted some documentary evidence for his 7th standard clearance. This document upon verification was found to be forged and fabricated. (ii) Looking to the impugned order, which is at Annexure5 dated 9 th May, 2011, it also appears that the concerned school has not issued the certificate and that the document in question is false and fabricated and the petitioner has not cleared 7th standard examination. (iii) It further appears from Annexure7 to the rejoinder affidavit that the petitioner has secured less than the passing marks in several subjects. (iv) It further appears from the facts of the case that the petitioner has given initially a photocopy of the document, which reveals the date of birth of the petitioner as 18 th October, 1970 and at the time of his appointment, the original document produced by the petitioner reveals the date of birth as 18 th October, 1968. Thus, there is also a difference in the date of birth of the petitioner. (v) It appears that the two documents, which were presented by the petitioner were found to be false and fabricated. Fraud vitiates the whole process of selection.;