Mohammad Rafiq, C.J.:— This writ petition is filed by Smt. Surishta Devi, challenging the appointment of respondent No. 6 Smt. Sheela Devi, on the post of Cook-cum-Helper in Government Primary School, Banetu by School Management Committee of this School under the prescribed guidelines. The guidelines for hiring the service of cook-cum-helper have been notified, according to which, the candidates applying for such appointment must have sufficient experience in cooking for the children. It is contended that sub-clause (vi) of Clause 10 of the said guidelines have provided for awarding three marks for the cooking experience. It is further contended that respondent No. 6 has produced false certificate of experience obtained from one Lovely Restaurant showing that she worked with them as cook-cum-helper w.e.f. 01.01.2017 to 31.12.2019, whereas the fact is that she was actually working during that period as un-skilled labourer under Mahatama Gandhi National Rular Employment Guarantee Act. Copy of the muster-roll has been placed on record as Annexure P-7 (colly).
2. Learned counsel for the petitioner contended that she made a complaint thereabout to the Deputy Director Elementary Education Chamba. The Deputy Director Elementary Education Chamba has forwarded the said complaint to the Block Elementary Education Officer, Chamba on 18.08.2021, who in turn, has conducted an inquiry and submitted his report dated 19.08.2021 to the Deputy Director Elementary Education Chamba. Surprisingly, the inquiry report has not given any specific findings and no comment has been made about the false experience certificate. Final inquiry made by Deputy Elementary Education Chamba, was forwarded to Deputy Commissioner Chamba vide communication dated 29.09.2021 by informing him that the appointment of cook-cum-helper was made purely in accordance with existing guidelines of MDM Scheme and experience certificates provided by the concerned candidates issued by the competent authority were considered by the School Management Committee. So far as the challenging of the certificates are concerned, it was observed that neither School Management Committee nor the Deputy Director was competent to reject or neglect the same.
3. In our considered view, the opinion expressed by the Deputy Director Elementary Education cannot be sustained in law. If it is accepted, that would not mean any person can produce any kind of fake certificate and then the School Management Committee, who is the appointing authority, having acting upon such certificate and given appointment, would not be competent to inquiry into the same. We, therefore, dispose of the writ petition by directing respondent No. 3 to cause an inquiry to be made into the allegations of the petitioner and also in that process examine whether respondent No. 6 worked under the Mahatama Gandhi National Rular Employment Guarantee Act as unskilled labourer on muster-roll basis, for the same period, for which, she has provided a certificate issued by Lovely Restaurant and pass appropriate order on the inquiry report, after providing opportunity of hearing to both the petitioner as well as respondent No. 6 within a period two months from today and take a fresh decision. Pending miscellaneous application(s), if any, shall also stand disposed of.