Court Rules Appointment Based on Bogus Qualification from Non-Existent Institute Illegal; Subsequent Acquisition of B.Ed. Degree Irrelevant for Validation
In a significant judgment dated September 1, 2026, the Punjab and Haryana High Court (Division Bench) dismissed an appeal filed by Manjit Kaur, who challenged her dismissal from the post of ETT Teacher by the State of Punjab. The court upheld the termination order dated March 17, 2021, on grounds that the appellant secured employment through a fake Diploma in Elementary Education allegedly obtained from a non-existent institution, Bihar Pradesh Shiksha Parishad, Shripalpur.
The appellant had served the State for over 14 years and argued that the longevity of her unblemished service and the genuineness of her diploma acquisition process should protect her appointment from being invalidated. She further contended that her subsequent acquisition of a B.Ed. degree in 2024 from a recognized institution should validate her eligibility and reinstate her job.
However, the High Court, through Judges Harsimran Singh Sethi and Minderjeet Yadav, rejected these submissions. The court emphasized the principle that public employment obtained by fraudulent means, particularly via fake academic qualifications from non-existent institutions, cannot be sustained regardless of service duration. It referenced the Supreme Court's precedent in Regional Manager, Central Bank of India v. Madhulika Guruprasad Dahir (AIR 2008 SC 3266) which clearly held that equity, sympathy, or generosity cannot override fraud in securing public jobs.
The judgment clarified that the essential qualification at the time of appointment was a two-year Diploma in Elementary Education, and a later obtained B.Ed. degree does not substitute the prescribed eligibility criteria. The court distinguished the present case from other precedents where institutions existed but were unrecognized, and where candidates were granted opportunities to acquire valid qualifications subsequently. Here, the diploma was from a non-existent institute, thus invalidating the appointment from the outset.
Furthermore, the court addressed the appellant's claim regarding lack of opportunity to defend herself during the inquiry. It held that since the fraud was admitted and the appellant was given due process during the departmental inquiry, principles of natural justice were satisfied and cannot be extended to protect fraudulent appointments.
This ruling reinforces the judiciary's firm stance against appointments secured by fraudulent means and underscores the non-negotiable requirement of valid qualifications at the time of appointment, especially in public service positions involving trust and responsibility towards the community.
Bottom Line:
Public employment obtained on the basis of fake or bogus qualifications from non-existent institutions cannot be sustained, regardless of the duration of service rendered.
Statutory provision(s):
Case involves service law principles and principles of natural justice as applied in public employment contexts.
Manjit Kaur v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2979695
