JUDGMENT Rakesh Tiwari, J.
1. Heard Sri Ashok Khare, Senior counsel appearing for the petitioners and the standing counsel appearing for the respondents and perused the record.
2. This writ petition has been filed for quashing of the order dated 17.3.2005 passed by the District Magistrate, Moradabad, which has been appended as Annexure-8 to the writ petition. A further direction has a so been sought commanding the respondents not to take any action on the basis of the aforesaid impugned order.
3. The facts in brief are that Gram Siksha Samiti Vichpuri Vikas Khand Panwasa invited applications for consideration of appointment of Shiksha Mitra in Primary Schools falling under its jurisdiction. According to the merit list prepared by the Basic Shiksha Adhikari, Moradabad Rajeev Kumar son of Sri Ram Phal Singh was appointed at Primary School, Bichpuri and Khetal Singh son of Sri Dhirendra Singh was appointed at Primary School Laharsheesh as Shiksha Mitra under the Shiksha Mitra Yojna.
4. It appears that respondent nos. 7 and 8 Chauhan Singh son of Basant Ram Singh and Nihal Singh son of Dhanpal Singh had also applied for appointment as Shiksha Mitra along with the petitioners but their names were not considered by the Basic Shiksha Adhikari, Moradabad and a resolution dated 16.1.2004 was sent for approval showing that only two applications had been received i.e. of the petitioners Rajeev Kumar and Khetal Singh. The Basic Shiksha Adhikari, the District Magistrate, Moradabad and other concerned authorities accorded approval for their appointments in good faith and bonafide belief that only two persons had applied for appointment as Shiksha Mitra . Consequently the petitioners were sent for 30 days trainings at the District institute of Education and Training, Kanth District Moradabad. They undergone training w.e.f. 13.10.2004 to 31.10.2004. It appears that in the mean time, respondent nos. 7 and 8 had made a complaint on 1.11.2004 against the petitioners to the Basic Shiksha Adhikari whereupon an order was issued by the District Basic Shiksha Adhikari, Moradabad cancelling the training of the petitioners.
5. Aggrieved by the aforesaid order dated 1.11.2004 the petitioners filed separate writ petition nos. 50384 of 2004 and 50385 of 2004. In the mean time, District Basic Shiksha Adhikari by order dated 16.1.2004 issued a notice addressed to the Chairman and the Secretary of the Gram Shiksha Samiti intimating that an enquiry had been instituted at the level of the Deputy District Magistrate, Sambhal and called upon them to be present in the office of the Deputy District Magistrate, Moradabad for the purpose of the enquiry on the date fixed.
6. It appears from the record that respondent nos. 7 and 8 Chauhan Singh and Nihal Singh had also filed writ petition nos. 45907 of 2004 and 47265 of 2004 in which directions were issued directing the respondents to consider their representations.
7. It also appears from a perusal of the impugned order dated 9.2.2005 passed by the District Magistrate, Moradabad that the Gram Shiksha Samiti had produced original records of meeting and the resolution dated 16.1.2004 showing that only two applications were received that of petitioners Rajeev Kumar and Khetal Singh. It further appears from the record that Chauhan Singh and Nihal Singh filed representations in pursuance of the orders of this Court for reconsideration of the matter. They also produced original receipts before the authorities showing that they had submitted applications before the Gram Shiksha Samiti for consideration of their appointments as Shiksha Mitra but they were not considered.
8. In view of the fact that complainants Chauhan Singh and Nihal Singh had submitted their applications for appointment as Shiksha Mitra before the Gram Shiksha Samiti but their names were not placed on record in the meeting dated 16.1.2004, the District Magistrate found their complaints to be correct, that the, petitioners and the Gram Shiksha Samiti had colluded and had deliberately prepared the resolution supressing their candidature and recommending the names of petitioners Rajeev Kumar and Khetal Singh who had less quality point marks than respondent nos. 7 and 8. The District Magistrate, in the circumstances reviewed his earlier order dated 9.2.2005 vide order dated 17.3.2005 cancelling the selections of the petitioners holding that the petitioners had less quality point marks than respondent nos. 7 and 8 and were not entitled for appointment. The findings of fact recorded by the District Magistrate that Gram Shiksha Samiti has recommended the names of the petitioners by passing a resolution in their favour can not be sustained as the petitioners had obtained appointments in collusion with the Gram Shiksha Samiti. The selection process was only an eye wash and fraud. It is settled law that fraud vitiates every action and does not vast the petitioner with any legal right. The order passed by the District Magistrate advances the cause of substantial justice.
9. In the circumstances of the case I do not find any gound for interference with the impugned order under Article 226 of the Constitution of India.
For the reasons stated above, the writ petition is dismissed. No order as to costs.