IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13042-2024 (O&M)

Date of Decision: 10.02.2025 GURDEV SINGH …Petitioner Versus STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Pankaj Nanhera, Advocate Mr. Navneet Sharma, Advocate and Mr. Rahul Gautam, Advocate for the petitioner.

Mr. Randhir Singh, Addl. A.G., Haryana.

Mr. Rajeev Anand, Advocate Mr. Ujwal Anand, Advocate and Mr. Aryan Singh, Advocate for respondent No.5.

HARSH BUNGER, J.

Petitioner (Gurdev Singh) has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for setting aside the order dated 08.04.2024 (Annexure P-8) passed by the Deputy Commissioner, Fatehabad, District Fatehabad; whereby he was removed from the post of Sarpanch of Village Lamba, Tehsil Ratia, District Fatehabad.

A further prayer has been made for setting aside the order dated

02.05.2024 (Annexure P-10) passed by the Divisional Commissioner, Hisar Division, Hisar; whereby the appeal filed by the petitioner against his removal order dated 08.04.2024 (Annexure P-8) has been dismissed.

2. Briefly, the petitioner was elected to the post of Sarpanch of Village Lamba, Tehsil Ratia, District Fatehabad. It appears that while submitting his nomination papers, the petitioner submitted his matriculation certificate issued in October, 2019 by the Uttar Pradesh State Open School Board, Prayagraj.

2.1 It transpires that respondent No.5-Jatinder Singh submitted a complaint dated 07.12.2022 (Annexure P-2) against the petitioner alleging that the documentary proof of matriculation submitted by him at the time of election, was fake and forged. Upon the afore-said complaint dated 07.12.2022 (Annexure P-2), an enquiry was initiated and the Block Development and Panchayat Officer, Ratia submitted his report dated 03.05.2023 (Annexure P-4) to the Sub Divisional Officer (Civil), Ratia, inter alia, stating as under :-

“In the Block Education Officer, report contained in no.G-1/23/273-274 dated 28.04.2023, it has been mentioned that as per letter no.1974250/2022-2023 dated 17.01.2023 issued by Uttar Pradesh State Open School Board, Paryagraj, the certificate is valid. The report is being sent for further necessary action.”

2.2 The afore-said report was forwarded by the Sub Divisional Officer (Civil), Ratia to the Deputy Commissioner, Fatehabad, vide his report dated 11.05.2023 (Annexure P-5).

2.3 The learned Deputy Commissioner, Fatehabad, while relying upon the afore-said report dated 11.05.2023 (Annexure P-5), consigned the complaint filed by respondent No.5-Jatinder Singh, to Office vide his letter/order dated 22.08.2023 (Annexure P-6).

2.4 Thereafter, the Deputy Commissioner, Fatehabad ordered a fresh enquiry in the matter to be conducted by the Additional Deputy Commissioner, Fatehabad; who submitted his enquiry report vide letter dated 27.09.2023, holding :-

“(i) Gurdev Singh has passed matriculation examination from Uttar Pradesh Open School Council, Paryagraj and 10^th Class certificate has been found issued vide Registration No.RN00400001457, Roll No.OC2100040000157, was issued in the year, 2019 by Uttar Pradesh Open School Council, Paryagraj;

(ii) None of the examination conducted by this Council is recognized at par with any other examination conducted by Haryana School Education Board, Bhiwani nor has been included in any equivalent list;

(iii) The equivalence list referred in Chapter XII and Chapter XIV of Council regulations, the name of Uttar Pradesh Open School Council, Paryagraj is not mentioned;

(iv) Uttar Pradesh Open School Council, Paryagraj, is not recognized by Government of Uttar Pradesh as well as Secondary School Education Council, Alahabad;

(v) FIR No.78 dated 17.02.2018 under Sections 419, 420, 467, 468, 471 IPC has been registered in Police Station Indira Nagar, District Lucknow, Uttar Pradesh;

(vi) The educational certificate of Gurdev Singh, Sarpanch has not been recogniz