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Punjab-Haryana High Court

Simrandeep Singh & Others vs State Of Punjab & Others on 25 February, 2014

Author: G.S.Sandhawalia

Bench: G.S.Sandhawalia

            CWP No.10269 of 2012                                                     -1-


               IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                                                                           CWP No.10269 of 2012
                                                                           Date of decision:25.02.2014
            Simrandeep Singh & others
                                                                                            ....Petitioners
                                                   Versus

            State of Punjab & others                                                    ......Respondents

            CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA

            Present:           Mr.Veneet Sharma, Advocate, for the petitioners.

                               Mr.S.S.Behl, Advocate, for respondent No.2.

                               Mr.Madhav Pokhrel, Advocate, for respondent No.3.

                                                   *****

            G.S.Sandhawalia J.(ORAL)

1. It is not disputed that the petitioners were studying with respondent No.3-School in the 11th class. It is the case of the petitioners that the School Leaving Certificates (for short, the SLCs) were issued, in which, they were shown as having passed and they joined respondent No.4-School. However, on a complaint being received that the SLCs were not genuine, the petitioners were held not entitled to continue in the respondent No.4-School and the respondent No.2-Board, declined permission to the petitioners to sit in the examinations for 10 +2 class and to declare the result.

2. The Board, in its written statement, took the plea that the petitioners are failed candidates and they were not entitled to sit in the examination.

3. Counsel for the petitioners has submitted that there was dispute inter se respondents No.3 & 4-Schools and therefore, respondent No.3 had wrongly taken the plea that they were all failed students. This Court passed order dated 21.05.2013, which reads as under:

"Feeling aggrieved against the alleged inaction on the part of Sailesh ranjan respondent-authorities, petitioners have approached this Court by 2014.03.05 10:39 I attest to the accuracy and way of instant writ petition under Article 226/227 of the Constitution integrity of this document CWP No.10269 of 2012 -2- of India, seeking a writ in the nature of mandamus, directing respondent No.2 to take the examination of the petitioners for 10 + 2 (second semester).

Notice of motion was issued and pursuant thereto separate written statements have been filed by respondents No.2, 3 and 4.

During the course of hearing, it has transpired that the certificates declaring the petitioners pass in 10+1 examination, as well as their school leaving certificates issued by respondent No.3- school, have been alleged to be incorrect documents by respondents No.2 & 3. It is undisputed on record that on the basis of pass certificates and school leaving certificates issued by respondent No.3, petitioners took admission in respondent No.4- school. They appeared in 10+2 (first semester) examination and were declared pass. However, they are yet to appear in 10+2 (second semester) examination.

After hearing learned counsel for the parties, it deems appropriate that let this matter be inquired into by the District Education Officer, Amritsar. Accordingly, District Education Officer, Amritsar is directed to conduct a fact finding inquiry into the matter on the following issues:-

(1) Whether the petitioners were the bonafide students of Saint Soldier Boarding Senior Secondary School, Jandiala Guru, Tehsil and District Amritsar-respondent No.3.

(2) Whether the petitioners passed 10+1 examination from respondent No.3-school and consequently, they were issued pass certificates of (10+1) examination by respondent No.3-school along with school leaving certificates, appended with the writ petition as Annexures P-1 to P-10.

(3) Whether the pass certificates of 10+1 examination and school leaving certificates were, as a matter of fact, issued by respondent No.3-school in favour of the petitioners, on the basis of which the petitioners claim that they sought and were granted admission in the respondent No.4-school.

(4) Whether the 10+1 examination fail certificates and school leaving certificates, which the respondent No.3-school claims to have been issued in favour of the petitioners, were actually received by or on behalf of the petitioners.

(5) Whether even after knowing that this Court was seized of the matter, respondent No.3-school was justified in destroying the relevant record including the answer-sheets of 10+1 examination of Sailesh ranjan 2014.03.05 10:39 the petitioners.

Let the District Education Officer, Amritsar conduct the inquiry on the above said issues and submit his report at an early date but in any case, within a period of six weeks from today.

Let the photocopy of this writ petition and written statements along with copy of this order be supplied to the District Education Officer, Amritsar through Shri Suresh Singla, Addl.A.G., Punjab.

A copy of this order be given to the learned counsel for the State, under the signatures of the Court Secretary, attached to this Bench, for onward transmission to the District Education Officer, Amritsar, for compliance thereof.

List for further consideration on 03.07.2013."

4. In pursuance of the said order, a fact finding enquiry report, after examining the records, has been submitted by the District Education Officer, in which it has been reiterated that the petitioners had failed in the 10 + 1 examination while studying in respondent No.3-School. Fake and fabricated certificates, regarding having passed, have been attached as Annexures, with the present writ petition.

5. Keeping in view the enquiry report, which has been submitted by the District Education Officer (SE) Amritsar, this Court is of the opinion that disputed questions arise as to whether the register maintained by respondent No.3-School was genuine or not and the entries were incorporated subsequently, to show that the petitioners had failed, as argued by their counsel and cannot be gone into. It is settled principle of law that disputed questions of fact are not to be gone into by this Court, under Article 226 of the Constitution of India. The Apex Court in Antonio S.C. Pereira Vs. Ricardino Noronha (D) by LRs 2006 (7) SCC 740, observed as under:

"17. It is now trite that ordinarily a writ court would not go into a disputed question of title. We have noticed some of the issues pending before different courts only for the purpose of showing that the parties are at loggerheads as regards the title of the property and in particular the legality or validity of the alterations in the terms Sailesh ranjan of the Will."

6. Keeping in view the above controversy involved, this Court is of the opinion that the present writ petition is not liable to be entertained. Accordingly, the writ petition is dismissed, with liberty to the petitioners to seek their remedy, before an appropriate forum.

            25.02.2014                                                    (G.S.SANDHAWALIA)
            sailesh                                                             JUDGE




Sailesh ranjan
2014.03.05 10:39
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