CWP(T) No. 3169/08 (OA 774/96) 27.04.2009 Present: None for the petitioners. Mr. R. K. Sharma, Sr. Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General, for the respondents. Actual date notice had been issued to the petitioners as also their counsel for today. However, inspite of pass over, none has caused appearance. Hence, in the absence of the petitioners, the matter is being decided. The petitioners have prayed for the following reliefs: (i) That the respondents may be directed to issue necessary instructions to the Employment Exchange as also the District Primary Education Officer to entertain the candidature of the applicants for the purposes of employment as J.B.T. teacher in the Education Department; and (ii) That the respondent No.3 may also be directed to issue instructions to the Employment Exchange to revive the name of the applicants on the leave register maintained by them and further to sponsor their names for the post of J.B.T. in the Education Department as and when the requests are sent by the concerned Distt. Primary Education Officer. The respondents in their reply have stated that the certificates possessed by the petitioners issued by Rajpura Training Centre Patiala, Punjab, were fake. They have further stated as under: “3. That in reply to this para, it is submitted that Rajpura Training Centre Patiala, Punjab had floated a fake certificate scandal in the name of Registrar Uttar Pradesh Govt. and had issued JBT teachers certificates to the various candidates without any authority and when this scandal came into light on verification it was found that the Registrar Departmental Examination Uttar Pradesh had never issued such certificates. The other eye-opener fact which came to lime light during the course of inquiry, was that the certificates issued in the name and signature of Sh. Atam Prakash Registrar were bogus because he had never held the office of Registrar Departmental Examination Uttar Pradesh. It is, therefore, ample clear that there is no substance in the submission of the applicants, therefore, the present original application deserves rejection/dismissal in straight way. It is, further, submitted that against the judgment of the Hon’ble Tribunal dated 26.9.1995, the respondent State of H.P. had filed SLP No. 7835-7842/96 titled as State of H.P. V/s Kamlesh Kumari & Ors. and the same was disposed of by the Hon’ble Supreme Court of India vide order dated 9.12.1997 with the direction that:- “The High Court allowed the Writ Petition of the respondents mainly on the ground that the contesting respondents have not been given an opportunity to show that their appointments were on the basis of correct and genuine certificates as alleged by the applicants (vide para 22 of the judgment). There is no ground to interfere with the Tribunal judgment except to modify it slightly with the directions to the appellants to give an opportunity to the respondents individually to show cause and establish that the certificates are not false and fake and that their appointments were on the basis of genuine certificates. As and when they establish the fact that the certificates were genuine or not faked ones, it must be taken that their appointments are valid. In view of the long pendency of the matter, the appellants are directed to commence and complete the inquiry within six months. The appeals are disposed of accordingly. No costs.” The petitioners have not refuted the said averments, as such, the petitioners’ prayer cannot be allowed as no legally enforceable right stands infringed. The petition stands disposed of. (Sanjay Karol) Judge. April 27, 2009. (rana)