Punjab-Haryana High Court
Sikander And Ors vs Board Of School Education Haryana ... on 16 November, 2022
110+238
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM-17850-CWP-2022 in/and
CWP-22467-2020
Date of Decision: 16.11.2022
Sikander and others
....Petitioners
VS
Board of School Education Haryana Bhiwani
....Respondent
CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL
Present:- Mr. Yogesh Goyal, Advocate for the petitioners
Mr. K.K. Gupta, Advocate for the respondent
*****
SUDHIR MITTAL, J. (Oral)
CM No. 17850-CWP-2022
This application has been filed for placing on record rejoinder to the
reply filed on behalf of the respondent alongwith Annexure P-4.
For the reasons stated therein, application is allowed and rejoinder
aforementioned alongwith Annexure P-4 is taken on record.
CWP-22467-2020
The petitioners were desirous of joining the Central Armed Police
Forces. It seems that age was coming in their way and they came in contact with
one Parmanand son of Kehar Singh who assured them that he would get them
forged Class X and Class XII certificates in which their date of birth would be
changed and, accordingly, they would be able to get selected. Certificates with
changed dates of birth were infact issued by the respondent but the fraud came to
light resulting in registration of an FIR against said Parmanand and the petitioners
in the year 2020. Thereafter, the respondent wrote a communication dated
14.08.2020 to the petitioners directing them to deposit the certificates issued later.
These have since been submitted and the original certificates (with correct dates of
birth) have not been given to the petitioners. Thus, the present writ petition has
been filed.
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CWP-22467-2020 (O&M) -2-
Learned counsel for the respondent submits that the certificates were
obtained by forging as many as 172 judgments and decrees. This was highlighted
by the then District Judge of Panipat vide his communication dated 26.02.2020.
The entire record has been taken away by the police and, thus, the originals can not
be given to the petitioners. Moreover, the petitioners have committed a criminal
act and this dis-entitles them to issuance of the original certificates.
In rebuttal, learned counsel for the petitioners submits that some of the
petitioners have created 'digi locker' in which the details of their Class X/Class XII
examination have been uploaded by the Board and, thus, the submission that the
record has been taken away by the police is false.
Faced with this situation, learned counsel for the respondent submits
that the 'digi locker' was updated because the relevant details were available with
the Board. The original certificates have, however, been cancelled and are in
police custody.
Undoubtedly, the petitioners have committed a criminal act in
conspiracy with Parmanand son of Kehar Singh, yet, they can not be denied
issuance of their original Class X/Class XII certificates. The submission that the
record is not available has been falsified and learned counsel for the respondent has
admitted as such. Thus, the writ petition is allowed. The respondent is directed to
issue duplicates of the original Class X and Class XII certificates to the petitioners
within eight weeks from the date of receipt of a certified copy of this order.
Nothing stated hereinabove shall be constructed as an opinion on the
merits of the criminal case.
( SUDHIR MITTAL )
16.11.2022 JUDGE
reena
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
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