Termination Valid If Job Was Secured Using Certificate From Unrecognised Board: Himachal Pradesh High Court

The Himachal Pradesh High Court dismissed a writ petition challenging the termination of a Junior appointed by the Himachal Pradesh State Electricity Board Ltd., holding that the employer was justified in terminating the services of a candidate who had secured employment based on a matriculation certificate issued by an unrecognised board. Justice Ajay Mohan Goel remarked that: “As the petitioner had obtained the job on the strength of a matriculation certificate… obtained from a Board which was not recognized by the competent Authority, the termination of the service of the petitioner cannot be held to be bad.”Background:The petitioner, Sandeep Kumar had applied for the post of Junior T/Mate under the Himachal Pradesh State Electricity Board. He cleared the recruitment process and was joined in March 2021. However, during verification of documents, the authorities noted that the petitioner had submitted a matriculation certificate issued by the Central Board of Higher Education, New Delhi, which was allegedly not recognized. Thereafter, a show cause notice was issued and after consideration of petitioner's reply, his services were terminated in April, 2021. Aggrieved the petitioner filed a writ petition before the High Court, contending that the termination was arbitrary and legally invalid. He further contended that the Central Board of Higher Education, New Delhi was a recognized educational board and that the Himachal Pradesh Board of School Education had no authority to declare it fake.In response, the Board contended that the petitioner had obtained appointment based on certificate which was procured from a Board which had no legal existence. Thus, the service of the petitioner was rightly terminated. The Court observed that matriculation certificate was an important consideration for appointment of a candidate as the marks obtained in the said certificate were determinative to the extent of 60 marks.Relying on a 1999 public notice issued by the Directorate of Education, GNCT of Delhi, the Court remarked that “certain institutions, including the Central Board of Higher Education, were not recognized to award educational certificates.”The Court further stated that there was no violation of natural justice as the service of the petitioner was terminated after issuance of a show cause notice and after response was filed. Thus, the Court dismissed the petition. Case Name: Sandeep Kumar v/s Himachal Pradesh State Electricity Board Ltd. and othersCase No.: CWP No.2908 of 2021Date of Decision: 28.02.2026For the Petitioner: Ms. Archana Dutt, AdvocateFor the Respondents: Mr. Anil Kumar, Advocate, for respondents No.1 & 2.Mr. Kunal Thakur, CGC, for respondent No.3.Ms. Anjli Soni Verma, Advocate, for respondent No.4.Click Here To Read/Download Order

Termination Valid If Job Was Secured Using Certificate From Unrecognised Board: Himachal Pradesh High Court

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