Letters Patent Appeal No. 2264 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARAYANA, CHANDIGARH Letters Patent Appeal No. 2264 of 2011(O&M) Date of Decision: 19.12.2011 Jasvinder Singh ..Appellant Versus Corporation Bank and others ..Respondents CORAM:HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE NARESH KUMAR SANGHI Present:Mr. V.B.Aggarwal, Advocate for the appellant. Mr. H.N.Khanduja, Advocate for the respondents. RAJIVE BHALLA, J. The appellant challenges the judgment dated 18.11.2011 passed by the learned Single Judge holding that his selection to the post of a Peon is null and void. The Corporation Bank issued an advertisement inviting applications for posts of peon. The qualification for the post is middle pass and candidates should not have passed the 10+2 examination. A candidate was required to file an undertaking that he does not possess qualification beyond matriculation. The appellant has, admittedly, passed the 10+2 examination and filed an undertaking that he has not passed the 10+2 examination. The bone of contention is this false Letters Patent Appeal No. 2264 of 2011(O&M) 2 undertaking. One Shiv Kumar, Petitioner, filed the writ petition, praying that as the appellant has filed a false undertaking, his selection should be declared null and void. As the petitioner could not deny the false undertaking, the learned Single Judge has held that the petitioner's appointment based upon a false undertaking, is a nullity. Counsel for the appellant submits that a Full Bench of this court has held that if a candidate possesses a higher qualification, he cannot be said to be ineligible. The appellant's selection has, therefore, been wrongly set aside. It is further submitted that as departmental proceedings are pending, the appeal should be allowed, the order passed by the learned Single Judge should be set aside and the Bank should be allowed to conclude departmental proceedings. We have heard counsel for the appellant and perused the impugned order. It is true that a Full Bench of this court has held that a candidate with higher qualifications, cannot be excluded from the process of selection, but the question in this case is not one of, the appellant being disqualified for possessing higher qualifications but of the appellant filing a false undertaking that he had not passed the 10+2 examination. A false undertaking was admittedly filed by the appellant, while obtaining employment. The learned Single Judge has, therefore, rightly held against the appellant. A submission that the Bank should Letters Patent Appeal No. 2264 of 2011(O&M) 3 be allowed to conclude departmental proceedings, cannot be accepted. The false undertaking filed by the appellant renders his selection null and void. We, therefore, have no hesitation in dismissing the appeal and affirming the order 18.11.2011 passed by the learned Single Judge and order accordingly. ( RAJIVE BHALLA ) JUDGE ( NARESH KUMAR SANGHI ) 19.12.2011 JUDGE VK