Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The writ was filed challenging the debarment order, issued by the Staff Selection Commission, North West Region, which debarred the six petitioners for a period of three years, for presenting forged disability certificates.
While refusing to grant relief, Justice Vinod Bhardwaj said, "an approach to condone such behaviour which promotes disregard to rule of law and motivates a candidate to resort to forgery of documents to defeat the rights of other genuine candidates needs to be dealt with sternly."
The judge further highlighted that "the tendency of candidates taking recourse to illegal methods including forgery of certificates for seeking different benefits including the benefit of reservation, sports gradation and disability etc. is on leaping increase."
In the present case, the bench noted that the candidature of the six petitioners was rejected and the debarment order was passed on the ground that the certificates regarding physical limitations produced by the petitioners have been purportedly issued by the office of Chief Medical Officer-cum- Civil Surgeon, Jind and Fatehpur in U.P. "notwithstanding that none of the petitioners is a resident of the respective District wherefrom the certificate has been issued."
On the basis of the alleged forged certificates, the petitioners were allowed compensatory time and facility of a scribe to write the exam. Eventually, on verification, it was apprised by the concerned issuing Authority that the certificates were not issued by their offices.
The petitioners were thus found guilty of mis-conduct and debarred for a period of three years. Communication regarding the debarment orders was also sent to the concerned Superintendent of Police, for taking respective action.
After examining the submissions, the Court noted that "Notwithstanding that the authorities had submitted a report denying issuance of such certificates of physical limitations, yet the petitioners displayed an audacity to append yet another set of fabricated documents purportedly denying the verification report and claiming that the same was wrong."
When the Court confronted the counsel for the petitioners that it intends to get an investigation conducted into the same and also with respect to the submission of the subsequent documents, counsel for the petitioners sought to withdraw the plea, it noted.
The Court drawn the inference that despite the petitioners being conscious of the documents being forged, "they not only made an attempt to defeat the rights of other contesting candidates by placing reliance upon forged certificates but also showed an audacity to emphatically rely upon forged certificates for claiming a right and portraying victimization."
Justice Bhardwaj opined that, the petitioners are violators of law and have sought preferential treatment against the competing candidates by not only seeking a scribe but also claiming extra time to write in the exam on the basis of documents which were prima facie forged.
"The mere striking co-incidence of all persons belonging to a particular district securing the certificates from another State itself is sufficient to raise a doubt," said the Court.
Consequently, the Court directed "Staff Selection Commission – North West Region, Sector 9, Chandigarh, to report all such cases of forgery of documents to the office of Senior Superintendent of Police, U.T. Chandigarh, who is further directed to take appropriate steps in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023."
Adding that since certificates have also been produced which are claimed to have been issued by the office of Civil Surgeon, Jind, the Court said that State of Haryana through Additional Chief Secretary Home is added as respondent... and "a further direction is issued to the State Vigilance Bureau, Haryana, to conduct an inquiry into the issuance of certificates and to submit a report before this Court."
The Court directed the office of the Senior Superintendent of Police, U.T. Chandigarh, as well as the State Vigilance Bureau are directed to submit their respective reports before the Court within a period of 3 months.
Mr. Sukesh Kumar Jindal, Advocate, in Court with Ms. Vriti Gujral, Advocate,
(Through Video Conference) for the petitioner.
Mr. Indresh Goel, Senior Panel Counsel, for respondents No.1 to 3.
Ms. Tanisha Peshawaria, DAG, Haryana, for respondent No.4.
Title: SAHIL AND OTHERS v. STAFF SELECTION COMMISSION NORTH WESTERN REGION AND OTHERS