2011JBT भर्ती के अंगुठा जांच केस का हाईकोर्ट का फैसला और हाईकोर्ट ने ये निर्देश/ऑर्डर दिए है--

After noticing the aforementioned affidavit, I deem it appropriate to issue following directions to the respondent-State:-

i) The department would within a period of one month from today shall send the cases of all the candidates whose signatures/thumb impressions
could not be verified/matched to the FSL, Madhuban.

ii) On receipt of the signatures, FSL Madhuban/or any other Laboratory shall undertake the exercise of matching/comparison within another period of one month.

iii)The respondent-Director of Elementary Education would endeavour to consider the reply of
individual candidates who have replied to the show cause notice and on considering their reply pragmatically, take action, if any, in accordance with law.

iv)The criminal action proposed to be initiated should be immediately put into motion by lodging FIR etc.

v) On receipt of report of the FSL, Madhuban/or any other Laboratory, ibid, the department shall take action in accordance with law against the
candidates whose signatures could not be found to be matching/identical in the similar manner/fashion as has been undertaken to be initiated.

vi)The Board-respondent No.4 in response to the notice of petitioner averred that in case any impersonation is detected, the Board had undertaken to initiate the action against the
persons involved in the malpractice.

The relevant extract of the reply of the Board is reproduced hereinbelow:-
“It is submitted that if any case of
impersonation is detected, the Board shall take serious note of it and legal proceedings will be initiated against those involved in the malpractices.”

vii) The record which has been ordered to be sealed vide order 4.1.2011 of this Court is directed to be returned to the Board of School Education, Haryana.

On consideration of the reply, I deem it
appropriate to direct the Board to initiate action against the persons
involved in the malpractice after departmental enquiry is over. The
petitioners, though have sought vindication of their grievance as they
have been not selected but the fact remains that they have also acted as whistle blower and on noticing such contentions this Court was compelled to initiate an enquiry and the outcome of the same has already been noticed above. Since the petitioners have already participated in the written test/interview and have not been found to be successful, I do not deem it appropriate to interfere, for the reason
that this Court would not act as a Court of Appeal while sitting over
the process of selection-viz-a-viz interview.
The petitioners would have a right to submit their application aforesaid in case the respondent-State causes
advertisement for filling up the posts of JBT teachers. An enormous expenditure has been incurred by the State in undergoing the task of comparison and involving the
government employees considering such situation, I intend to impose
costs of `1 lac upon the Board of School Education,Haryana, Bhiwani-respondent N.4.
Mr. GPS Bal, Advocate for respondent No.4 has vehemently argued that costs of `1 lac could not be imposed on the
Board of School Education, Haryana, Bhiwani, for the reason staff even scant and the entire applications were sent to the Deputy Commissioner, Bhiwani.
The terms and conditions of the advertisement are sacrosanct, the Board cannot deviate, it is bounded duty for scrutiny of the certificates of all the candidates viz-a-viz STET/HTET and as well as at the time of appointment, the objection regarding imposition of costs is hereby rejected.
The costs aforementioned are directed to be deposited with the Legal Services Authority, Punjab and Haryana
High Court, Chandigarh within one month from the date of receipt of
certified copy of this order, failing which the matter be placed before
this Court for taking further action.
The writ petitions stand disposed of.

The costs deposited of 1 lac by the petitioner vide receipt No. 1547 dated 14.1.2011 are ordered to be refunded back to the petitioner-Parveen Kumari.