1 2026:HHC:20085 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No.316 of 2026 Decided on: 21.05.2026 State of H.P & anr. ..Appellants Versus Suneel Kumar & Ors. ..Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the Appellants : Mr. Pranay Pratap Singh, Additional Advocate General. For the respondents : Mr. Balram Sharma, DSGI, for proforma respondent No.3. G.S. Sandhawalia, Chief Justice(Oral) CMP(M) No.769 of 2026 Keeping in view the averments made in the application, duly supported by the affidavit of the Director of Elementary Education, Himachal Pradesh, Shimla, delay of 16 days in filing the appeal is condoned. 2. The application stands disposed off accordingly. 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 2026:HHC:20085 LPA No.316 of 2026 3. The present appeal filed by the appellants- respondents No.1 and 2, arises out of the order passed by learned Single Judge in CWPOA No.6772 of 2020 on 04.11.2025, whereby the writ petition filed by the petitioner was allowed. 4. Inter alia submits that the certificates issued by Higher Secondary Education Board, Delhi for Senior Secondary Examination 10+2 could not have been taken into consideration since the Board itself was registered firstly on 13.06.2014 (Annexure A-1) and thereafter communication dated 21.2.2018 (Annexure A-2) was also issued to the effect that Government of NCT of Delhi does not have any Board on its own. 5. Reference is also made to the Advisory of HRD Ministry, dated 26.07.2019 (Annexure A-3) that one entity operating in the name of “Board of Higher Secondary Education, Delhi” is claiming to be a recognized Board of Education by this Ministry vide letter No.1812/2009/SKT-1 dated 29.06.2009 and D.O letter No.3-5/2013/Sch.3 dated 26.04.2013 and no such letters have ever been issued in favour of the so called 3 2026:HHC:20085 Board and both the letters are completely forged and fabricated. 6. Reference is also made to the list of Boards/Universities/Bodies, which are not recognized by Himachal Pradesh Board of School Education for the purpose of admission to higher studies (Annexure A-4), in which the said Board was mentioned at Serial No.1 and 3. 7. It is thus contended that in the absence of the same, the learned Single Judge, as such, was not correct in sanctifying the said certificate. We however, find that the name of the ex-serviceman alongwith other candidates was nominated on 6th October, 2017 by the Directorate of Sainik Welfare, H.P at Hamirpur (Annexure A-6). 8. It is also pertinent to mention that proforma respondent No.2-Sainik Welfare Department, Hamipur has supported the said certificate and submitted that the petitioner may be considered eligible for appointment to the said post of Junior Office Assistant (IT). 9. Apparently, the learned Single Judge also noticed that on the basis of having qualification of matriculation, there was a graduation certificate issued 4 2026:HHC:20085 to the said writ petitioner on 16.02.2015, who had put in 15 years service in the Army, and, therefore, it was the specific case and claim in the Original Application initially filed before the erstwhile Tribunal. 10. In such circumstances, even one of the reasons given by the learned Single Judge, to grant relief to give effect to the nomination without any arrears, cannot be held to be not without any basis. Thus we issue notice only on the limited issue of the certificate issued by the Delhi Board. 11. Notice. Mr. Balram Sharma, learned Deputy Solicitor General of India, appears and accepts service of notice on behalf of proforma respondent No.3-Union of India. 12. Counsel for the State has also made reference to the writ petition No.4814 of 2020, titled as Monica Sharma Vs State of H.P & others, decided on 13.09.2021 by a Co-ordinate Bench, according to which, the said Board was found to be a fake and fraudulent organization selling fake certificates. The relevant part reads as under:- “12. We are not inclined to agree much less concede to the contentions raised by the 5 2026:HHC:20085 petitioner, reason being that an identical issue regarding the validity of the certificate issued by the Board of Higher Secondary Education, Delhi (fake organisation) came up before the learned Division Bench of the Patna High Court in CWJC No. 18812 of 2012, Pankaj Kumar vs. The Union of India and Ors and CWJC No. 26 of 2018, titled as Vivek Kumar vs. The Union of India and Ors., wherein it was observed as under:- "The core issue is that the so called certificate akin to matriculation obtained by this petitioner from the Board of Higher Secondary Education, New Delhi (a fake organization) can form the basis for begetting employment in the Postal Department. Since this is not an educational institution but a fraudulent organization selling fake certificates, therefore, if this fact is not disputed and the educational qualification of the present petitioner is not a matter of argument then any employment obtained by him on the basis of the said certificate cannot beget him the benefit of continuance in service. The Court will advise the petitioner to acquire knowledge instead of buying knowledge from such institutions. No interference is warranted with the order of the Tribunal. Writ is dismissed." 13. These matters were thereafter carried to the Hon'ble Supreme Court in Special Leave to Appeal (C) No.4171 of 2019 and analogous cases, which were disposed of by order dated 27.09.2019 in the following terms: - 6 2026:HHC:20085 "Notice was issued in the matter so that the concerned authorities could put on record the circumstances in which communication dated 26.4.2013 was issued and explain the status with regard to "Board of Higher Secondary Education". Affidavits have thereafter been filed on behalf of the concerned authorities which indicates that the concerned "Board of Higher Secondary Education" is not recognized at all; and that the documents appended to the SLPs were not the correct copies of the originals. Nor were those documents existing on the concerned files. We had therefore, called upon Union of India to publish an advertisement in the newspapers and put in the public domain that the concerned Board was not recognized at all and to warn the entire student community. The advertisement to that effect has been issued and affidavits of compliance have also been filed. In the circumstances, nothing further need be done in the matter. The special leave petitions are disposed of. Pending applications, if any, shall also stand disposed of." 14. The advertisement as referred in the aforesaid order is available on the public domain and reads as under:- The Ministry of Human Resource and Development wishes to inform the general public that it has come to the notice of Ministry of HRD that one entity operating in the name of “Board of Higher Secondary Education, Delhi” is claiming to be a recognised Board of Education by this Ministry vide letter 7 2026:HHC:20085 No. 1812/2009/SKT-1 dated 29/06/2009 and D.O. letter No. 3- 5/2013/Sch.3 dated the 26th April, 2013. On scrutiny of the relevant records of this Ministry, it has been found that no such letters have ever been issued by this Ministry in favour of so called Board of Higher Secondary Education, Delhi. Both these letters are, therefore, completely forged and fabricated. Further, it is abundantly clarified that No letters, whatsoever, have ever been issued by this Ministry recognising the said entity i.e. Board of Higher Secondary Education, Delhi. The said entity i.e. Board of Higher Secondary Education, Delhi stands dissolved w.e.f. 01.07.1962 vide Directorate of Education Delhi Administration Resolution’s No. F.32(10)/62-Edn. dated 30.06.1962. Therefore, if any other document(s) is/are produced by the Board of Higher Secondary Education, Delhi in relation to its recognition, then the same may be deemed to be fake and the veracity of the documents may first be got confirmed from the concerned organisation/Ministry. The General Public, all students, their parents and all other stakeholders are, therefore, advised to take note of the above facts and act accordingly. 15. Once the Board of Higher Secondary Education, Delhi, is found to be a fake and fraudulent organisation selling certificates, therefore, the students who have obtained certificates from such Board cannot be shown any indulgence save and except in extreme exceptional cases, which is not the fact situation obtaining in the instant case. 16. The petitioner is a permanent resident of District Sirmaur where is no dearth of schools or even opportunities to appear in +2 examination as a private candidate from a 8 2026:HHC:20085 recognised Board/Institute. Why would then the petitioner still opt to appear for examination which is not affiliated to the H.P. Board of School Education or any other recognised institute and appeared in the Board of Higher Secondary Education, Delhi? 17. The answer does not require any rocket science or solomon wisdom. As repeatedly held by the Courts in India, this Board i.e. Board of Higher Secondary Education, Delhi is a fake and fraudulent organisation selling fake degrees. The certificates and degrees have to be acquired through lawful process and cannot be made a 'purchasable commodity'. 18. In view of the aforesaid discussion, we find no merit in this petition and the same is accordingly dismissed, so also pending applications, if any. Parties are left to bear their own costs.” 13. Resultantly, we do not find any plausible reason as such to stay the operation of the impugned judgment to the extent of positive directions to consider the case of the petitioner. It is however, clarified that the observation, as made by the learned Single Judge, shall not be used as a precedent, in view of the fact that the observations made by the Division Bench were not brought to the notice of the learned Single Judge. 9 2026:HHC:20085 14. Accordingly, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice May 21, 2026 (Bipin Chander Negi) (mamta) Judge