IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.17235 of 2009
Date of Decision: November 11, 2009
Anita Rani
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. N.P.S. Mann, Advocate, for
the petitioner(s).
. . .
AJAI LAMBA, J (Oral)
Learned counsel contends that there
was a clerical error in the English version of
the certificate which showed the division of the
petitioner to be IIIrd. The Punjabi version of
the certificate, however, indicated the Division
of the petitioner in Matriculation to be IInd.
Be that as it may, learned counsel
contends that it is not in dispute that the
petitioner got 293 marks out of 650 marks in
Matriculation which would constitute 45.07% (IInd
Division). Annexure P-8 is the duplicate
certificate which also shows that the petitioner
CWP No.17235 of 2009 [2]
got IInd Division.
In such circumstances, appointment
of the petitioner as Anganwari Worker cannot be
cancelled. The respondents, however, are
proceeding against the petitioner for malafide
reasons as given out in the petition.
It has been pointed out that an
enquiry was ordered on this premise. The
proceedings have not been finalised. However, on
account of the events and circumstances, conduct
of the respondents discloses that the petitioner
shall be removed from the post of Anganwari
Worker.
This petition is disposed of with
direction to the respondents to consider
certificate, Annexure P-8, before proceeding in
the matter and passing a final order. The
respondents are further directed to have the
certificate verified independently from Punjab
School Education Board so as to ascertain true
facts. Final order be passed only after taking
note of the certificate, Annexure P-8, and
verification from the Punjab School Education
Board.
(AJAI LAMBA)
November 11, 2009 JUDGE
avin
CWP No.17235 of 2009 [3]
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?