TaxTMI 
TaxTMI 
2016 (2) TMI 1104
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....sued under the aforesaid Rules. It was claimed that they completed the training and had been offered appointment in the primary schools run and managed by the State Government. Complaint was received from Bhartiya Viklang Sangh of illegal usurpation of the quota reserved for handicapped persons on the basis of fraudulently procured certificates without suffering from the disability certified under the Rules of 1996. The State Government issued an order dated 3.11.2009 making a provision for constitution of fresh Medical Board in order to verify and assess the disability of the candidates. The candidates questioned communication dated 15.7.2010 issued by the Director, State Council for Educational Research & Training based upon the G.O. date....
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..... However the High Court has directed that a physical verification may be made and if the candidate has not been issued certificate of disability or otherwise or that he does not suffer from any disability so certified which entitles him to such a certificate, in that event the candidate can be subjected to fresh medical test not otherwise. Accordingly the directions by the Government in order dated 3.11.2009 and by the Director on 15.7.2010 for physical verification be construed in the aforesaid manner. 5. It is apparent from Rules of 1996 that disability certificate is required to be issued by Medical Board. It can issue permanent disability certificate or the Medical Board shall indicate the period of validity in the certificate in case....
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....ed to stand if it has been obtained by fraud. Fraud unravels everything." In the same judgment Lord Parker, L.J. observed that fraud vitiates all transactions known to the law of however high a degree of solemnity. (p. 722) These aspects were recently highlighted in State of A.P. v. T. Suryachandra Rao (2005) 6 SCC 149." 8. In Ram Chandra Singh v. Savitri Devi (2003) 8 SCC 319 it was held thus: "15. x x x Fraud as is well known vitiates every solemn act. Fraud and justice never dwell together. 16. Fraud is a conduct either by letter or words, which induces the other person or authority to take a definite determinative stand as a response to the conduct of the former either by word or letter. 17. It is also well settled that misrepres....
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....in such matters. Even the principles of natural justice are not required to be complied with in such a situation. 58. It is now well known that a fraud vitiates all solemn acts. Thus, even if the date of birth of the petitioner had been recorded in the service returns on the basis of the certificate produced by the petitioner, the same is not sacrosanct nor the respondent company would be bound thereby." 9. This Court in Express Newspapers (P) Ltd.& Ors. v. Union of India & Ors. (1986) 1 SCC 133 at para 119 has held thus: "119. Fraud on power voids the order if it is not exercised bona fide for the end design. There is a distinction between exercise of power in good faith and misuse in bad faith. The former arises when an authority mis....
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....ed in bad faith or from corrupt motives, would certainly be held to be inoperative.'" 10. The Division Bench of the High Court has ignored and overlooked the material fact that verification has already been done by the Medical Board and it has been found that certificates of 21% were fraudulently obtained. The High Court has issued a direction in the impugned order for physical verification of the candidate by the authorities and in case he does not suffer from disability so certified candidate can be subjected to fresh medical test. The High Court has overlooked that on mere physical verification it may not be possible to know various kinds of disabilities such as that of eyes, ear impairment etc. That can only be done by the medical exam....