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TMI Blog2009 (5) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... ; "Legal succession certificate of Shri Dheeraj Kumar Sengar S/o Shri Ganesh Singh Sengar, legal heirs of Late Shri Chittaranjan Singh Sengar, R/o Village - Latia, Tahsil - Janjgeer Bilaspur is forwarded for information and implementation. They produce his original certificate regarding qualification before concerned block/ principal for his observation." 5. Respondent filed an application for appointment on compassionate ground. The said application was rejected by the Joint Director Education Division, Bilaspur. 6. However, despite the fact that his application for grant of compassionate appointment was rejected by the Joint Director, a purported order of compassionate appointment came to be passed in his favour by the Deputy Director (Education). The said offer of appointment, however, was cancelled by an order dated 9.06.1997, stating: "On the basis of above reference and in absence of Legal Succession Letter your compassionate appointment order No. 731/Estab-1/Comp. Appoint Endorse No. 96-97 has been rejected from the current effect." 7. Respondent filed an Original Application before the Madhya Pradesh Administrative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duced not only the deed of adoption as Annexure A-1 but also Succession Certificate issued by the competent Court of law as Annexure A-2. It seems to our mind that learned Tribunal had not applied its mind to the Succession Certificate issued by the competent court of law as Annexure - A-2. It seems to our mind that learned Tribunal had not applied its mind to the Succession Certificate issued by the competent court of law. It is needless to state that the Tribunal has no jurisdiction to question the correctness of Succession Certificate Annexure A-2. The deed of adoption and certificate of succession would undeniably prove that the petitioner is the adopted son of the deceased Chitaranjan Singh Sengar who died in harness. It is nobody's case that the petitioner being adopted son of the deceased employee is not entitled to seek appointment on compassionate ground to a suitable post. If that is the position, the order passed by the department dated 19.06.1997, we should say, is ex-facie illegal and untenable in law." 10. Mr. Atul Jha, learned counsel appearing on behalf of the appellants, would contend: (i) A large numbe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that the appointment on compassionate ground cannot be claimed as a matter of right. It must be provided for in the rules. The criteria laid down therefor, viz., that the death of the sole bread earner of the family, must be established. It is meant to provide for a minimum relief. When such contentions are raised, the constitutional philosophy of equality behind making such a scheme be taken into consideration. Articles 14 and 16 of the Constitution of India mandate that all eligible candidates should be considered for appointment in the posts which have fallen vacant. Appointment on compassionate ground offered to a dependant of a deceased employee is an exception to the said rule. It is a concession, not a right." 16. This Court in I.G. (Karmik) v. Prahalad Mani Tripathi [(2007) 6 SCC 162] carved out an exception to the ordinary rule of recruitment, stating: "6. An employee of a State enjoys a status. Recruitment of employees of the State is governed by the rules framed under a statute or the proviso appended to Article 309 of the Constitution of India. In the matter of appointment, the State is obligated to gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; The purported deed of adoption was not a registered one. It, therefore, did not carry with it a presumption as envisaged under Section 16 of the Hindu Adoptions and Maintenance Act, 1956. The adoption was purported to have been recorded on a stamp paper of Rs. 2/-. We have noticed hereinbefore that in the application for grant of succession certificate, G.S. Sengar was described as his father. Even in the marksheets which had been drawn up on the basis of the record maintained in the school in which he was studying, his father's name was G.S. Sengar. It may be correct that for the purpose of proving that the respondent was adopted son of the deceased, a registered deed of adoption was not imperative in character, but then, he was required to prove that datta human ceremony or compliance of the other statutory conditions for a valid adoption had taken place. In terms of Section 106 of the Indian Evidence Act, the respondent having special knowledge in regard thereto, the burden of proving the fact that he was adopted by Chittaranjan Singh Sen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fraud on the Department but also committed a fraud on the Constitution. As commission of fraud by him has categorically been proved, in our opinion, the principles of natural justice were not required to be complied with. 22. Mr. Gupta has relied upon a large number of decisions of this Court, viz., Inderpreet Singh Kahlon and Others v. State of Punjab and Others [(2006) 11 SCC 356], Mohd. Sartaj and Another v. State of U.P. and Others [(2006) 2 SCC 315], Jaswant Singh and Others v. State of M.P. and Others (2002) 9 SCC 700 and State of M.P. and Others v. Shyama Pardhi and Others [(1996) 7 SCC 118] to contend that audi alteram partem doctrine should have been complied with. In these cases, requirement to comply with the principles of natural justice has been emphasized. The legal principles carved out therein are unexceptional. But, in this case, we are concerned with a case of fraud. Fraud, as is well known, vitiates all solemn acts. [See Ram Chandra Singh v. Savitri Devi and Others (2003) 8 SCC 319, Tanna & Modi v. CIT, Mumbai XXV and Others (2007) 7 SCC 434 and Rani Aloka Dudhoria and others v. Goutam Dudhoria and others [JT 2009 (3) SC 616] 23. The High Court, therefore, mus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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