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2026 Supreme(HP) 376
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ajay Mohan Goel, J.
Sandeep Kumar - Petitioner
Versus
Himachal Pradesh State Electricity Board Ltd. and others - Respondents
CWP No. 2908 of 2021
Decided On : 28-02-2026
For the Petitioner:Ms. Archana Dutt, Advocate.
For the Respondent:Mr. Anil Kumar, Advocate, for Mr. Kunal Thakur, CGC, for Ms. Anjli Soni Verma, Advocate
Termination valid when appointment secured via invalid matriculation certificate from fake unrecognized board substantially contributing to merit evaluation, following show cause notice.
Headnote:(A) Service Law - Appointment and Termination - Candidate selected for post with merit evaluated including 60 marks on pro rata basis from matriculation - Joined provisionally - Termination upheld upon discovery that matriculation certificate issued by unrecognized fake board, notified as such since 1999 by relevant authorities - Certificate non est in law, forming prime consideration for eligibility and merit - No violation of natural justice as show cause notice issued within fortnight of joining and replied to - Prospective effect argument to later notification rejected given earlier warnings. (Paras 13, 14, 15, 16, 17)
Facts of the case:
Petitioner applied and was selected for Junior T/Mate post pursuant to advertisement, securing high merit partly based on matriculation marks, offered and accepted provisional appointment, joined services - Shortly after, discrepancy noted in matriculation certificate from board declared fake and unrecognized, show cause issued, replied claiming no prior declaration, services terminated.
Findings of Court:
Termination order sustained; provisional joining rejected; no merit in petition.
Issues: Whether termination arbitrary given board's alleged recognition; effect of notifications predating certificate issuance; violation of natural justice principles.
Ratio Decidendi: Matriculation certificate invalid as procured from fake board lacking legal recognition, evidenced by public notices from 1999; crucial weight in selection process renders appointment unsustainable; procedure followed with opportunity to explain; board's non-existence affirmed by official communications listing only recognized boards. Result : Writ petition dismissed.
| Table of Content |
|---|
| 1. appointment terminated alleging fake matriculation board. (Para 1 , 2 , 3 , 4 , 5) |
| 2. board recognized; termination arbitrary, violates natural justice. (Para 6 , 9) |
| 3. matric 60% merit; board fake per 1999 notices. (Para 7 , 8) |
| 4. undisputed facts; termination justification at issue. (Para 10 , 11 , 12) |
| 5. matric prime consideration; from unrecognized uttam nagar board. (Para 13 , 14 , 15) |
| 6. 1999 delhi notice renders certificate invalid retrospectively. (Para 16) |
| 7. show cause notice upholds natural justice principles. (Para 17) |
| 8. delhi recognizes only cbse, icse, nios boards. (Para 18) |
| 9. petition dismissed; no merit found. (Para 19) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has challenged the termination of his services by respondent No.1, in terms of order dated 22.04.2021 (Annexure P-9).
2. Brief facts necessary for the adjudication of this petition are that as per the petitioner, he passed his matriculation from Central Board of Higher Education, New Delhi, in the year 2010. A copy of his matriculation certificate is appended with the petition as Annexure P-1. The petitioner applied for the post of Junior T/Mate in response to an advertisement issued by respondent No.1 i.e. Advertisement No. 2/2020, dated 04/06/2020. To cut the matter short, pursuant to the participation of the petitioner in the said process, he was declared as a successful candidate having secured 78.80 marks. His overall merit was 52. The petitioner was offered appointment vide Annexure P-5, dated 08.03.2021. He joined the service in terms of Annexure P-6, dated 16.03.2021.
3. Vide Annexure P-7, dated 08.04.2021, the petitioner was informed by the Senior Executive Engineer, Electrical Division, Jubbal that due to some discrepancy noticed in his documents, the complete case was forwarded to the competent Authority for further decision in the matter and it was intimated that in his application for the post of Junior T/Mmate (contract), the petitioner in column No.14 had mentioned that he had passed matriculation examination from the Central Board of Higher Education, New Delhi during the year 2010 and at the time of verification of documents for the said post, the petitioner had produced the matriculation certificate issued by the Central Board of Higher Education, New Delhi. It was further mentioned in this communication that upon scrutinizing the certificate, it was discovered by the competent higher Authority that Central Board of Higher Education, New Delhi was listed as a fake Board and was not recognized by the Himachal Board of School Education, Dharamshala. It was also mentioned in this communication that in light of the said fact, his provisional joining in the Division could not have been accepted and a show cause was, therefore, issued to the petitioner to explain his position within seven days.
4. In his reply (Annexure P-8), the petitioner stated that he had passed his matriculation examination from the Central Board of Higher Education, New Delhi and there was no notification in writing issued by the State Government or HPSEBL that the said Board was a fake Board. The petitioner made a request that the Department should clear the scenario regarding the Educational Boards of other States, which were being considered or not considered for appointment.
5. Not being satisfied by the explanation given by the petitioner, in terms of Annexure P-9, dated 22.04.2021, the services of the petitioner were terminated by assigning the following reasons:-
“Apropos to show cause notice to you vide above referred letter of this office where in you were given opportunity to explain your position this has received your reply vide letter No. NIL dated 12-4-2021. Regarding your claim that the "Central Board of Higher Education Delhi" has not been listed as fake board in any government endorsed publication/website, it is informed that the said board has been listed as fake board on the website of Himachal Pradesh Board of S
