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Punjab-Haryana High Court

Baljinder Kaur vs State Of Punjab And Ors on 17 July, 2018

Author: Jaswant Singh

Bench: Jaswant Singh

CWP No.14860 of 2018                                 #1#

         IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH.


                                                          CWP No.14860 of 2018

                                                 Date of Decision:-17.07.2018

Baljinder Kaur.

                                                                  ......Petitioner.
                                        Versus

State of Punjab & Ors.
                                                                ......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH

Present:-   Mr. Manjit Singh Uppal, Advocate for the Petitioner.

                                 ***

JASWANT SINGH, J.(ORAL)

Petitioner competed for appointment to the posts of Clerks pursuant to the advertisement No.2 of 2013 in the category of Backward Class. In her self declaration form submitted at the time of scrutiny of documents she is stated to have obtained her graduation degree through a regular mode of study and in the university campus of Vinayaka Missions University, Tamil Nadu in the year 2013, however, the certificate produced by her showed the degree to be obtained through Distant Education Mode. Her name was accordingly not recommended for appointment by the Subordinate Services Selection Board, Punjab. Upon representation to the Board, a speaking order dated 17.03.2015 (P-6) was passed rejecting the claim of the petitioner for recommendations for appointment to the post of Clerk.

The present petition has been filed challenging the order dated 17.03.2015 (P-6) and further seeking a Mandamus for appointment to the 1 of 2 ::: Downloaded on - 22-07-2018 08:46:23 ::: CWP No.14860 of 2018 #2# post of Clerk.

Learned Counsel for the petitioner submits that the question as to whether the graduation degree obtained through education mode from a distant university i.e. Vinayaka Missions University, Tamil Nadu are valid are pending consideration before this Court, hence claims adjudication on merits.

After hearing learned Counsel for the petitioner, no case for interference is made out.

A speaking order dated 17.03.2015 was communicated to the petitioner and qua which even a civil suit would be barred by law of limitation, being beyond three years of the cause of action, much less maintainability of the present writ petition in exercise of extraordinary jurisdiction. Even otherwise for filing of a false declaration to the effect that he had obtained degree through a regular study mode whereas it is now conceded that the graduation degree was obtained through Distant Education Mode would be sufficient to deny appointment to the petitioner for the post of Clerk for submitting false information apart from initiating criminal action.

In view of the above, finding no merit in the present writ petition the same is hereby dismissed.




                                              ( JASWANT SINGH )
                                                   JUDGE
July 17, 2018
Vinay
                 Whether speaking/reasoned                Yes/No
                 Whether Reportable                       Yes/No




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