The Writ Court dismissed the petitioners' application against an order confirming discrepancies in their date of birth and professional qualifications. The court held that equity cannot be created in favour of parties involved in fraud.
The writ application was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19708 of 2014
=========================================================== 1. Md. Sagir, son of Late S.K. Abdul Hasan, Resident of village - Mahua Bhusa, Post Office Lachchnauta, Police Station - Gonaha, District - West Champaran at present posted as Assistant Teacher, Upgraded Middle School, Beram Sarai, Block Ghosi, District – Jehanabad.
.... .... Petitioners Versus
.... .... Respondents =========================================================== Appearance : For the Petitioners : Mr. Arun Kumar, Advocate For the State : Mr. Anjani Kumar, AAG-6 For the Board : Mr. Ranjit Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 19-01-2016
Annexure-1 is the culmination of a direction issued by
the High Court in a previous writ application filed by the two petitioners which would be evident from Annexure-2 annexed with the writ application.
Even from reading of the said order dated 13.03.2014, something glaring has been noticed by the Court with the nature of dispute relating to even the date of birth and the time span and gap between the two own brothers indicated in the two matriculation
Patna High Court CWJC No.19708 of 2014 dt.19-01-2016
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certificate of theirs which is less than six months from each other. There are other also discrepancies with regard to their acquired degree of training etc. which led to issuance of the impugned order which became the cause of action for filing of the writ application.
Since the Court directed holding an enquiry into the issue by the respondents and Annexure-1 is culmination of that enquiry which confirms the position emerging thereunder, this Court is not willing to exercise its discretion by interfering with the impugned order contained in Annexure-1.
If things are based on fraud and deceit, it must relate back to the very inception merely because the petitioners have derived the benefit, equity is not created in their favour.
Writ application is dismissed.
(Ajay Kumar Tripathi, J.)
Sanjay/-
U
3 issues framed by the court
Whether the High Court should interfere with the impugned order confirming discrepancies in the petitioners' details after an enquiry.
Whether the presence of fraud and deceit precludes the creation of equity in favour of the petitioners despite them deriving benefit.
Whether the petitioner is entitled to a declaration based on discrepancies in their date of birth and professional qualifications.
Md. Sagir
Md. Zafir Ahmed
The State of Bihar through Principal Secretary, Human Resources Development Department
The Director, Primary Education, Bihar
The District Education Officer, Jehanabad
The District Programme Officer, Establishment, Jehanabad
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
