The High Court at Allahabad has dismissed a writ petition filed by an Assistant Teacher who sought the release of her withheld salary and the issuance of her High School marksheet and certificate. The Court, presided over by Justice Manju Rani Chauhan, ruled that the petitioner’s appointment and academic progression were founded on forged and fabricated documents, emphasizing that “fraud vitiates all solemn acts.”
Background of the Case
The petitioner, Veena Menon, was appointed as an Assistant Teacher in 1989 at Church City Junior High School, Meerut. She claimed to have passed the High School Examination in 1984 (Roll No. 1233725) from St. Thomas Girls Inter College, Meerut. According to her, she had been serving for over 35 years without complaint.
The controversy began when the petitioner attempted to upload her educational documents on the Manav Sampada Portal. Realizing she lacked a formal High School Passing Certificate, she applied to the Madhyamik Shiksha Parishad (Board) in March 2024 for its issuance. The Board informed her that her 1984 result had been “withheld” (C.P. category) due to the non-submission of her Class IX Transfer Certificate and admission details.
To resolve this, the petitioner submitted an affidavit and a Class VIII Transfer Certificate (TC) from a school in District Etah. However, subsequent inquiries by the Board and the District Basic Education Officer (BSA) revealed that these documents, including a handwritten marksheet she used for decades, were forged. Consequently, her salary was withheld by orders dated August 19 and 20, 2025.
Arguments of the Parties
Counsel for the Petitioner: The petitioner’s counsel argued that her name appeared at Serial No. 725 in the 1984 Gazette Notification, proving she had passed. They contended that a handwritten marksheet issued by the school Principal had been verified at the time of her 1989 appointment. It was further argued that after 35 years of unblemished service, the authorities could not reopen the case based on a Class VIII TC, which they claimed the petitioner never even submitted. The counsel relied on State of Punjab v. Rafiq Masih (2015) to argue against the hardship of withholding salary near retirement.
Counsel for the State: The Standing Counsel for the State submitted that inquiries proved the Class VIII TC from Etah was fabricated—the school in question confirmed no such headmaster or student ever existed there. Furthermore, the Principal of St. Thomas Girls Inter College denied ever issuing the handwritten marksheet. The State argued that the petitioner secured her Class XII admission and subsequent employment through a “systematic reliance on forged and fictitious documents,” making her appointment void ab initio.
Court’s Analysis
The Court meticulously examined the inquiry reports. It noted that the petitioner had submitted multiple inconsistent affidavits regarding her employment status. On the issue of the High School result, the Court observed:
“The mere publication of her name in the gazette notification, reflecting a withheld result, does not ipso facto confer any legal sanctity upon the claim of having passed the examination.”
The Court found that the petitioner failed to satisfy the foundational eligibility under Chapter XII, Regulation 10.1 of the U.P. Board of Secondary Education Rules, 1983-88, which requires passing Class VIII or IX to appear for High School.
Regarding the long duration of service, the Court held:
“Fraudulently obtained order of appointment or approval can be legitimately treated as voidable at the option of the employer or could be recalled by the employer and in such cases merely because the respondent employee has continued in service for a number of years… cannot get any equity in his favour or any estoppels against the employer.”
The Court distinguished the petitioner’s cited cases, noting that Rafiq Masih applies to unintentional excess payments, not to appointments secured through “deliberate misrepresentation and fabrication.”
Decision
Dismissing the petition, the Court concluded that the petitioner’s claim was “fundamentally vitiated by illegality.” It upheld the orders withholding her salary and rejecting the issuance of the certificate. The Court stated that a document whose origin is tainted by fraud does not acquire legitimacy even after four decades.
The Court also placed on record its appreciation for the research assistance provided by Ms. Anushka Gupta in preparing the order.
Case Details
- Court: High Court of Judicature at Allahabad
- Case Title: Veena Menon v. State of U.P. and 4 others
- Case No.: WRIT – A No. 15328 of 2025
- Bench: Justice Manju Rani Chauhan
- Date: April 03, 2026
