Supreme Court orders university probe into forged PhD claim despite upholding assistant professor…

The Supreme Court upheld the appointment because the candidate met the mandatory eligibility criteria via UGC-NET qualification, despite the PhD being questionable.

Who it concerns: Appellants: Annu Kumar & Anr.; Respondents: Maharshi Dayanand University, Rohtak & Ors. (including the appointed candidate as Respondent No. 6); Bench: Justice Dipankar Datta.

What the court decided

• The Court upheld the High Court's judgment and order, thereby not disturbing the appointment of the sixth respondent.
• The Court held that the sixth respondent met the mandatory qualification by qualifying the UGC-NET examination, making the PhD degree a desirable but not essential qualification for the post.
• The Court exercised power under Article 142 of the Constitution to direct Maharshi Dayanand University to conduct an inquiry against the sixth respondent to verify the authenticity of his PhD degree in light of disclosures by Bundelkhand University.

Also in the document

• The Court noted that documentary evidence, including an affidavit from Bundelkhand University, indicated the PhD degree claimed by the sixth respondent was likely 'fake and farzi' or forged.
• The Court observed that while the appointment is upheld for now, it is not a 'protective shield' if the appointment was secured by deceit, hence the direction for a university probe.
• The judgment is marked as Non-Reportable.