IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.7080 of 2011 Date of Decision: April 26, 2011 Kulwant Singh & another .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajesh Kumar Girdhar, Advocate, for the petitioners. . . . AJAI LAMBA, J (Oral) 1. This petition has been filed praying for issuance of a writ in the nature of mandamus, directing respondent No.2 to take into account the fact that respondent No.5 (Gurdev Singh) is relying on a fake/ forged School Leaving Certificate so as to get appointed as Lambardar for village, Mohkam Araian, Tehsil Jalalabad, District Ferozepur. 2. Learned counsel contends that although petitioner has already produced a CWP No.7080 of 2011 [2] document obtained under the Right to Information Act, 2005, to the effect that respondent No.5 has not studied in the school as projected by the private respondent, yet the authorities have relied upon Annexure P-1, School Leaving Certificate, de hors the true facts. The name of respondent No.5, Gurdev Singh son of Surjit Singh has been recommended by the revenue officials to the Deputy Commissioner for appointment as Lambardar. 3. Learned counsel contends that there is a reasonable apprehension that on the reliance on Annexure P-1, respondent No.5 shall be appointed which shall cause manifest injustice and multiplicity of ligation. 4. I have considered the contentions of learned counsel in context of the document produced on behalf of the petitioner. 5. At this stage, the Writ Court is not in a position to say whether Certificate, Annexure P-1, is a genuine document or not. It is, however, a matter to be enquired into and investigated by the executive machinery involved in recommending the applicants for appointment as Lambardar, and the authority that appoints Lambardar viz. District Collector. 6. The recommending authorities are CWP No.7080 of 2011 [3] required to verify the qualification and other aspects claimed by the applicant(s). If the same has not been done, recommendation on the basis of wrong facts would be made to the Deputy Commissioner and a wrong person is likely to be appointed as Lambardar. 7. Considering the totality of facts and circumstances of the case, respondent No.2, Deputy Commissioner, Ferozepur, is directed to have an enquiry conducted, at the first instance, whether respondent No.5 has relied on a fake certificate or not, and only thereafter, take decision in regard to appointment of Lambardar. 8. The petition is disposed of according. 9. Copy of the order be given under signatures of Special Secretary of the Bench. (AJAI LAMBA) April 26, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?