IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

207 CWP-14947-2017 (O&M)

Date of decision: 04.09.2025 Shivdeep ....Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. H.P.S. Ghuman, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab for respondent No.1.

Mr. R.S. Rana, Advocate with Ms. Naveen Kaur, Advocate for Ms. Swati Dayalan, Advocate for respondents No.2 and 3.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to expeditiously decide the case of respondent No.4, who has given a wrong/forged certificate and to accord appointment to the petitioner being next eligible candidate in the merit list. Further prayer has been made to direct the respondents to appoint the petitioner on the post of Peon from the date of appointment of other candidates i.e. 30.11.2016 with all consequential benefits at par with such candidates.

2. The brief facts of the case are that the petitioner belongs to the Scheduled Caste category (Balmiki) and has produced a certificate dated 12.03.2009 issued by the Tehsildar, Nabha, to substantiate this claim. The petitioner passed Middle Standard with Punjabi in the year 2007 and completed his 10+2 (Science) in the year 2011. The Punjab Small Industries and Export Corporation Ltd., Chandigarh, advertised recruitment for 59 posts across various categories, with 10 vacancies reserved for Peon posts in the backlog quota. Out of these, five posts were reserved for SC (General) Ramdasia and others, while the remaining five were for SC Balmiki/Mazbi. The minimum qualification for the Peon post was Middle Standard with Punjabi, as per the advertisement dated 24.02.1998. The petitioner, being eligible, applied within the stipulated period and appeared for the written test conducted on 20.11.2016. A merit list for the SC Mazbi/Balmiki category was published thereafter. Counseling was held on 30.11.2016, where it came to light that respondent No.4, Manminder Singh, who was placed at Serial No.3 in the merit list, initially declared himself as belonging to SC (Mazbi) category in his application but produced at counseling a certificate dated 06.10.1998 showing SC (Ramdasia) category. Upon being confronted, respondent No.4 admitted to belonging to SC (Mazbi/Balmiki) and produced a different certificate dated 02.12.2016 in support. Despite the contradictory certificates and in apparent disregard of Clause 11 of the advertisement instructions, the counseling committee allowed respondent No.4 time to produce another certificate.

Consequently, while candidates placed at Serial Nos.1, 2, 4 and 5 of the merit list were issued appointment letters forthwith, the fifth post reserved for the SC Mazbi/Balmiki category was kept vacant. The petitioner contends that this post ought to have been offered to him, being the next eligible candidate, on account of the forgery/cheating committed by respondent No.4. He also contends that criminal liability ought to have been fastened on respondent No.4 in terms of Clause 15 of the advertisement, which provides for nullification of candidature and initiation of criminal proceedings against candidates producing fake or forged documents. Despite repeated representations made to respondents No.2 and 3, no action was taken, leading the petitioner to send a legal notice dated 12.12.2016 detailing his grievances. The respondents, in their reply dated 09.01.2017, admitted the production of contradictory certificates by respondent No.4 and stated that the matter was referred to the Principal Secretary, Government of Punjab, Department of Welfare for SCs and BCs for clarification, which was awaited. Hence, this writ petition.

3. Learned counsel for the petitioner, inter alia, contends that the conduct of respondent No.4 in producing two contradictory caste certificates is a clear