High CourtsDivision Bench(2023) 01 SHI CK 0012

Karamjit Kaur vs Jasbeer Kaur And Others

High Court Of Himachal Pradesh · Decided on 2 January 2023

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
RESULT
Allowed
CASE NUMBER
Review Petition No. 325 Of 2022

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Judgment

10 paragraphs · 388 words

Sabina, J

1.

Heard.

2.

Review petitioner has filed this petition seeking review of the order dated 11th July, 2022 passed by this Court.

3.

Notices were issued to the respondents.

4.

Respondent No.1 has refused to accept the service.

5.

Learned counsel for the review petitioner has submitted that the case projected by respondent No.1 was that she had applied for the post of Multi Task Worker in Government Primary School, Brhaman Majra, Education Block, Nalagarh, District Solan and her candidature was not being considered by the Department on the ground that her 10th class certificate was not valid. Respondent No.1 had placed reliance on communication dated 23rd June, 2022 received from Additional Director, Higher Education (Administration) whereby, it was decided by the State Level equivalents Board Committee that Certificates of 10th and 12th Class issued by the Gramin Mukat Vidyalaya Shiksha Sansthan during the period 1st December, 2017 to 5th February, 2019 would be valid for the purpose of employment in the State of Himcahal Pradesh. Basing reliance on the said communication, the writ petition filed by respondent No.1 was disposed of with a direction to the respondents to consider her matriculation certificate as a valid certificate.

6.

Learned counsel for the review petitioner has further submitted that in fact the certificate produced by respondent No.1 was forged and fabricated document. Show cause notice has been issued to respondent No.1 on a complaint filed by the review petitioner. Respondent No.1 had cleverly filed the writ petition by not impleading the review petitioner as a party. As per Notification dated 18th October, 2021, the result of the candidates should have been reflected in the Gazette by the Gramin Mukat Vidyalaya Shiksha Sansthan, Delhi. So far as respondent No.1 is concerned, her result was not reflected in the Gazette and consequently, her matriculation certificate could not be taken in consideration for her appointment to the post of Multi Task Worker.

7.

Keeping in view the submissions made by learned counsel for the review petitioner, we are of the opinion that the order passed by this Court dated 11th July, 2022 deserves to be reviewed.

8.

Consequently, the review petition is allowed and the order dated 11th July, 2022 is re-called.

9.

The writ petition (CWP No.4544 of 2022) is ordered to be listed with CWP No.4747 of 2022.