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2014 DIGILAW 1135 (HP)

Nisha Sharma v. State of Himachal Pradesh

2014-08-26

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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Judgment Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the judgment, dated 8th January, 2013, passed by a learned Single Judge of this Court in CWP No.2161 of 2012, titled Nisha Sharma versus State of H.P. and Ors., whereby the writ petition filed by the petitioner (appellant herein) came to be dismissed, (for short, the impugned judgment). 2. The learned Single Judge has observed in the impugned judgment that the writ petitioner has procured the BPL certificate by manipulation. We have gone through the impugned judgment, is speaking one and needs no interference. 3. However, we deem it proper to mention here that the writ petition was to be dismissed in limine on the ground that the BPL certificate, on the basis of which the writ petitioner participated in the selection process, was cancelled by the Sub Divisional Magistrate, Bilaspur, vide order dated 29th February, 2012, which order was not questioned by the writ petitioner. Therefore, the said order has attained finality. Once the order passed by the Sub Divisional Magistrate has attained finality, the writ petitioner was not eligible to participate in the selection process. Furthermore, the petitioner has not disclosed this fact in the writ petition, which was filed on 7th April, 2012, after the order was made on 29th February, 2012 by the Sub Divisional Magistrate. Thus, the writ petition suffers from suppression of facts and on this count alone, the writ petition was liable to be dismissed. 4. It is beaten law of the land that the person, who claims equity, must do equity. The Sub Divisional Magistrate, vide order dated 29th February, 2012, struck off the name of the writ petitioner from the BPL list and cancelled the certificate issued in favour of the writ petitioner. The petitioner has not questioned the said order of the Sub Divisional Magistrate and even has not made a single whisper in the writ petition about the said fact, thus, has withheld this fact. Therefore, we are constrained to observe here that a person, who tries to get relief by manipulation or by playing fraud, is not entitled even for hearing. Having said so, the writ petition was to be dismissed on all counts. 5. Having glance of the above discussion, the appeal merits to be dismissed, the same is dismissed and the impugned judgment is upheld.