IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12025 of 2009 NAHID FIRDOSH, D/o Rafio Ahmad, resident of village-Bagaha Nijamat, P.O.-Thawe, P.S.-Thawe, District-Gopalganj. ..........Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Gopalganj. 3. The District Superintendent of Education, Gopalganj. 4. The Block Development Officer, Manjha, Gopalganj. 5. The Mukhiya, Gram Panchayat, Manjha, Gopalganj. 6. The Panchayat Secretary, Gram Panchayat, Manjha, Gopalganj. ..........Respondents. ----------- 2/ 18.11.2009 Heard counsel for the petitioner and the State. Petitioner has prayed for quashing the order contained in Letter No. 6 dated 04.08.2009 issued by the Panchayat Secertary, Gram Panchayat Raj Manjha East in the district of Gopalganj whereby appointment of petitioner has been cancelled with immediate effect and an order of recovery of amount paid to her as salary, has also been passed. The impugned order has been challenged by the petitioner on the ground that it has been passed without complying the requirement of natural justice as well as there is complete lack of jurisdiction in the concerned authority, who has passed the order. Petitioner was appointed on the post of Panchayat Teacher considering her intermediate degree obtained from Bhartiya Shiksha Parishad, Luknow, U.P. The institution from which the petitioner claims to have passed intermediate examination, was considered as fake institution. Earlier C.W.J.C. No. 14813 of 2006 and analogous 2 cases were decided by this Court, where the Teachers’ training certificate obtained from this institution was under challenge. The direction was issued by this Court to conduct an enquiry relating to the status of the institution. It seems that subsequently, the Human Resources Development Department after completing its enquiry, came out with a resolution contained in Memo No. 152/395 dated 25.08.2008/30.10.2008 whereby the degrees of this institution were declared forged. Petitioner’s appointment has also been cancelled in the light of the order passed by the Human Resources Development Department, Govt. of Bihar, Patna. Counsel for the for the petitioner submits that in the earlier decision of this Court in C.W.J.C No. 14813 of 2006 and analogous cases, it was directed that after holding enquiry, it is found that the institution is fake one, order relating to termination from service can be passed only after issuing a notice to the person concerned, who were appointed. Petitioner’s case in this direction has not been complied by the authorities, in the case of the petitioner. I find that once the institution, from which the petitioner has obtained her intermediate and/or any degree, is declared as fake and forged degree, after holding proper enquiry in such cases if, any one is appointed on the basis of such forged degree issued from such fake institution, such appointment will be deemed to be an illegal appointment. Such 3 appointments are ab initio void, as person appointed had no requisite qualification for the post. In cases of such illegal appointment, observance of rule of natural justice is not at all required. I find that the ground taken by the petitioner regarding non-observance of rule of natural justice cannot be considered a ground for holding that the impugned order is illegal or without jurisdiction. However, the petitioner had continued on the post for sometime and during this period must have discharged duty on the post, as such, the order relating to recovery of amount paid to her, is quashed. This application is dismissed partly and partly allowed. Sanjeet/ (Mridula Mishra, J.)