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TMI Blog2016 (2) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said complaint Government has issued an order for the purpose of verification of such certificates issued by the Medical Board and certificates of 21% of selected candidates of handicapped category were found to be fraudulent. It is settled proposition of law that fraud vitiates and in such a case when large number of candidates have illegally usurped the reserved seats of the persons suffering from disability the action of State Government did not call for interference. 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 impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. The respondents applied for BTC training course under the physically handicapped category on the basis of certificates issued 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and has held that while the certificate has been issued in accordance with the Rules of 1996, roving enquiry cannot be made until and unless fraud has been detected, it is not permissible to reopen medical certification carried out under the Rules of 1996. 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . State of Maharashtra Ors. (2005) 7 SCC 605, it was observed : 16. In Lazarus Estates Ltd. v. Beasley (1956) 1 All ER 341, Lord Denning observed at QB pp. 712 and 713: (All ER p. 345 C) No judgment of a court, no order of a minister, can be allowed 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 nev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of human conduct. x x x x x 29. In Chittaranjan Das v. Durgapore Project Ltd. (1995) 99 CWN 897, it has been held: (Cal LJ p. 402, paras 57-58) 57. Suppression of a material document which affects the condition of service of the petitioner, would amount to fraud 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are conferred . It was said by Warrington, C.J. in Short v. Poole Corpn. (1926) Ch 66, that: No public body can be regarded as having statutory authority to act in bad faith or from corrupt motives, and any action purporting to be of that body, but proved to be committed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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