KRISHNA HARE GAUR versus VINOD KUMAR TYAGI & ORS.

KRISHNA HARE GAUR versus VINOD KUMAR TYAGI & ORS.

The principle of res judicata is not attracted when appointment is made dehors statutory rules or by fraud using bogus certificates; such appointment is a nullity and not protected by statutory bars.

Parties
Appellant: Krishna Hare Gaur; Respondent No.1: Vinod Kumar Tyagi; Respondents: Other Respondents
Jurisdiction
India
Judgment Date
11 February 2015
Procedural Posture
Civil Appeal / Appeal Against Division Bench Order of High Court Allowing Special Appeal No.1165 of 2012
Outcome
Appeal allowed; Division Bench order set aside.
Legal Topics
Res Judicata, Appointment Validity, Fraudulent Certificates
Education Law Administrative Law Res Judicata Appointment Validity Fraudulent Certificates

Case Brief

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Parties

Krishna Hare Gaur

Appellant

Vinod Kumar Tyagi

Respondent No.1

Other Respondents

Respondents

Procedural Posture

Civil Appeal / Appeal Against Division Bench Order of High Court Allowing Special Appeal No.1165 of 2012

Legal Issues

  1. 1 Whether appointment made on the basis of forged experience certificates is valid
  2. 2 Whether the principle of res judicata bars subsequent challenge to appointment made dehors the rules

Ratio Decidendi

The principle of res judicata is not attracted when appointment is made dehors statutory rules or by fraud using bogus certificates; such appointment is a nullity and not protected by statutory bars.

Court Disposition

Appeal allowed; Division Bench order set aside.

Orders

  • Order passed by the Division Bench of High Court in Special Appeal No.1165 of 2012 is set aside.
  • The parties are left to bear their own costs.