‘Fraud and justice can never dwell together’, the HC of J&K held while dismissing an appeal

The division Bench of Justice Sanjay Parihar and Justice Sanjeev Kumar upheld the writ court order passed on 30 October, In 2023 wherein Court had dismissed the plea by holding that the sports certificates obtained by the appellants from the Jammu & Kashmir Sqay Association and the Sqay Association of Ladakh, which were affiliated to the Sqay Federation of India were invalid and non-est in the eye of law.

The Bench noted that it  is not in dispute and is rather substantiated by the documents on record that the Sqay Federation of India had obtained recognition from the Ministry of Youth Affairs and Sports, Government of India, on the basis of a fake certificate of registration as a society. 

“The Government of India, having found that the Sqay Federation of India was not registered as a society anywhere under the Societies Registration Act and that the certificate produced by it was forged, withdrew the recognition which was granted to it on 25th September, 2015,” court observed.

Court noted that the recognition from the very inception was on the basis of misrepresentation and the forged documents presented by the Sqay Federation of India and, and, therefore, void ab initio.

Bench said the only question which requires determination in this appeal is whether the candidates who participated in the sports events conducted under the aegis of the Sqay Federation of India within and outside the State and obtained sports certificates can be deprived of such certificates, more particularly, when they were never privy to any fraud or misrepresentation perpetrated by the Sqay Federation of India.

On this court said it is trite law that fraud vitiates every solemn act and everything which it touches. 

“Fraud and justice can never dwell together,” Bench held while mentioning that the beneficiaries of the fraud, or we may call them the victims of fraud, may have a claim for compensation against the perpetrator of the fraud but cannot be permitted to take benefit of the fraudulent acts of the perpetrator.”

“Once it is found that the Sqay Federation of India had obtained recognition by practicing fraud, the recognition ceases to be in operation from the date it was granted,” court said.

Court recorded it being the clear position, any sports events and activities conducted by it would be the sports activities by a sports organization without authority of law. 

“The certificates of sport granted by such an unrecognized sports organization cannot be treated as valid for any purpose, more particularly, in relation to taking the benefits of the sports category in admission to NEET-UG Courses,” court stated.

“Be that as it may, we concur with the view taken by the writ Court that the sports certificates issued by the Sqay Federation of India which owed its existence to fraud cannot be taken to be valid certificates,” court said while dismissing the appeal.