LPA-296-2023(O&M)

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2023:PHHC:039838-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

LPA-296-2023(O&M)

Date of decision: 17.03.2023

Parul

… Appellant

Versus

Uttar Haryana Bijli Vitran Nigam Limited and another

… Respondents

CORAM: HON’BLE MR. JUSTICE RAVI SHANKER JHA,

CHIEF JUSTICE

HON’BLE MR. JUSTICE ARUN PALLI

Present:

Mr. R.K. Malik, Senior Advocate, with

Mr. Sandeep Dhull, Advocate, for the appellant.

Mr. Dhanpat Rai Singh, Advocate, for the respondents.

***

RAVI SHANKER JHA, C.J. (Oral)

This appeal has been filed by the appellant being aggrieved by

order dated 10.03.2023, passed in CWP-22231-2020, whereby the

appellant’s petition, seeking quashing of the order dated 16.12.2020, vide

which the services of the petitioner on the post of Lower Divisional Clerk in

the establishment of respondent(s) has been terminated for producing a

fraudulent certificate, has since been dismissed by the learned Single Bench

of this Court.

The facts leading to filing of the present appeal are that the

respondent-authorities issued an advertisement in the year 2016 for making

appointment to the posts of Lower Divisional Clerks. The appellant applied

pursuant to the same and along with her application, she filed document to

indicate that she had ‘O’ Level course certificate issued by NIELIT, which

was a necessary eligibility qualification prescribed in the advertisement.

Thereafter, the appellant on the basis of the said certificate appeared in the

RAJAN KUMAR

2023.03.20 15:10

I attest to the accuracy and

authenticity of this document

LPA-296-2023(O&M)

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selection process and was ultimately appointed as LDC, vide letter dated

10.06.2019.

The respondent-authority got the authenticity and veracity of

‘O’ Level certificate produced by the appellant verified and found that the

same was not genuine as the Controller of Examination, NIELIT, New

Delhi, vide its letter dated 19.08.2020, informed the Nigam that registration

No.642354 of ‘O’ Level certificate produced by the appellant was in fact

issued to some other candidate and the certificate relied upon by the

appellant for the purposes of claiming eligibility and appointment had never

been issued to her by the NIELIT.

On the basis of the said information and the letter sent by the

Controller of Examination, NIELIT, the respondent-authorities issued a

show cause notice to the appellant and thereafter finding that the ‘O’ Level

certificate submitted by the appellant was fraudulent, issued the impugned

order dated 16.12.2020 terminating her services.

The appellant being aggrieved filed civil writ petition before

this Court, which has been dismissed by the learned Single Judge on the

ground that the attempt of the appellant to obtain employment by practicing

fraud vitiated the appointment. The learned Single Judge has relied upon a

Single Bench’s decision of this Court in CWP No.23717 of 2021, titled

Madhulika v. DHBVNL and others, decided on 22.09.2022, and a

decision of the Division Bench of this Court in Managing Committee,

Goswani Ganesh Dutt Sanatan Dharam College, Palwal and another v.

Sabir Hussain and others, 2022(2) SCT 386.

Learned Senior counsel for the appellant submits that even if

the ‘O’ Level certificate submitted by the appellant has been found to be

RAJAN KUMAR

2023.03.20 15:10

I attest to the accuracy and

authenticity of this document

LPA-296-2023(O&M)

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fraudulent and is ignored, the appellant even otherwise fulfills the eligibility

qualification prescribed by the authorities as she possessed a BCA degree,

which was a qualification subsequently prescribed and accepted by the

authorities. He, therefore, submits that as the appellant fulfills the necessary

eligibility qualification even without considering the ‘O’ Level certificate,

a