IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 242 of 2010 Date of Decision:2nd August, 2011 Kanta Devi Petitioner Versus State of H.P. and others Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. For the petitioner : Dr. Lalit Sharma, Advocate For the respondents: Mr.J.K. Verma, Dy. Advocate General, for respondents No.1 and 2. Ms. Rita Goswami, Advocate, for respondent No.3. Sanjay Karol, J. (Oral) Shri M.S.Lamba, Deputy Director, National Institute of Open Schooling, Noida and Shri Jagbir Singh, Junior Assistant, Regional Centre, National Institute of Open Schooling, Panchkula,(Haryana) are present alongwith relevant record, which stands perused and returned. 2. Learned Single Judge, in terms of impugned judgment dated 30.7.2010, in our considered view, has rightly dismissed the petition, holding that petitioner was ineligible for the post of Clerk and the Review DPC rightly reverted to the post of a Peon. The reason being that her promotion was based on a certificate of Matriculation, which was subsequently 2 found to be fake and not issued by respondent No.3- Institute. 3. Record reveals that certificate of Matriculation (Annexure P-4) was not issued by respondent No.3 and also petitioner had unsuccessfully appeared in her examination for Matriculation in November, 1996. Even subsequent attempts of clearing her examination in May, 1997, May, 1998, November, 1998, May, 1999, November, 1999 and finally in May, 2000 were unsuccessful. In spite of several attempts, she could not qualify her matriculation examination. Reliance on certificate (Annexure P-4), for the purpose of her date of birth (7th March, 1963) is unacceptable for the reason that as per Card issued by respondent No.3 itself, petitioner’s date of birth is recorded as 05-03-1967. Petitioner has already sought voluntary retirement and criminal proceedings against her for producing fake certificate is pending trial. 4. Therefore, for the aforesaid reasons, we do not find any merit in the appeal, which is accordingly dismissed so also the pending application, if any. (Justice Kurian Joseph) Chief Justice 2nd August, 2011 (Justice Sanjay Karol) (C) Judge.