No consequential advantage for a fraudulent act: SC

No consequential advantage for a fraudulent act: SC

It gave the verdict while dismissing the plea of two primary school teachers who were dismissed from service for “inflating” their marks to get admission to teachers’ training course.

A bench of Justices, comprising Mukundakam Sharma and A R Dave, allowed a petition of West Bengal District Primary School Council, challenging a Calcutta High Court’s order setting aside the dismissal of the teachers.

If any act has been done fraudulently, no consequential benefit to such act could be claimed, the court said.

“If a particular act is fraudulent, any consequential order to such act or conduct is non est and void ab initio and, therefore, we cannot find any fault with the action of the appellant in dismissing the service of the contesting respondents (teachers),” it stated.

Mritunjoy Das and another person reportedly tampered their marklist with to get admission in a Primary Teachers' Training Institute. Both of them were later dismissed from service following which they approached the Calcutta High Court.

Plea dismissed
The High Court dismissed their plea, they were granted relief by the division bench in an order which was later challenged before the apex court.

“The admission sought for was through illegal means which is to be deprecated. The conduct of the contesting respondents being such, we cannot find fault with the course of action taken by the appellant herein,” the court said.

Das and his colleague claimed that they had successfully completed their training and got the service as teachers after qualifying a test, therefore, the allegation could not be given a weightage so as to disentitle them from continuing with their job.

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