IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.969/2007. Pradeep Kumar Meena Vs. State of Rajasthan & Ors. Date of order : September 2, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri J.K. Singhi for the petitioner. Ms. Bobby Dutta on behalf of Shri S.N. Kumawat, Additional Advocate General for RPSC. **** BY THE COURT :-
This writ petition has been filed by the petitioner challenging the action of the respondent-RPSC in not recommending his case for promotion to the Government on the post of Medical Officer.
2) It is contended that the RPSC did not recommend his case only because at that time, petitioner could not produce the original testimonials/secondary school certificate whereas, fact was that he had qualified the screening test and also the interview and in the final result that was declared by the RPSC provisional merit of Medical Officers was prepared. It is conotended that petitioner later produced the original certificates also. Learned counsel for petitioner submitted that duplicate certificates which he obtained from the Board of Secondary Education were required to be furnished to the respondents prior to 16/3/2006. Petitioner furnished copy thereof to the Commissioner vide his letter dated 18/3/2006 and expressed his willingness to produce the original certificate before them. Learned counsel relied on the judgment of this Court in Dr.Pankaj Kumar Gandhi Vs. RPSC and anr. (SBCWP No.2867/06) decided on 22/5/2007 wherein, similar writ petition was allowed and the respondents were directed to now accept the certificate of the petitioner which they may verify and then forward his name for appointment to the government.
3) Respondents have contested the writ petition and filed reply. In reply, it is contended that petitioner was in the interview letter dated 10/1/2006 required to bring all the original certificates/documents regarding his qualification. He was provisionally allowed to appear in the interview requiring him to furnish the original secondary school certificates upto 15/3/2006 which petitioner failed to furnish. Respondents received the original certificate on 20/3/2006 which was not accepted as it was received after stipulated period. Next candidate in the merit list therefore in place of petitioner was allowed provisional selection. There is no post of medical officer now available with them.
4) It is surprising that when petitioner explained to the respondents the difficulty that he has lost original certificates and applied for a duplicate thereof, respondents ought not to have cancelled his selection. If so happened, petitioner applied for receiving duplicate certificate of Board of Secondary Education which was provided to him on 16/3/2006 and he immediately sent the same on 18/3/2006 to the respondents and as per averments made by the respondents in para 4 of their reply, original certificate was produced on 20/3/2006. Action of the respondents in cancelling his selection and then recommending case of one less meritorious person in his place is illegal and arbitrary. This Court in identical circumstances allowed the writ petition of Dr.Pankaj Kumar Gandhi observing as under:-
“Having considered entire facts and circumstances, since the petitioner having already been selected and his name appearing in the merit list, the selection should not have been cancelled only on the ground of not submitting the original certificates in time. In the present case, admittedly the petitioner has already submitted his original certificates before the Commission.
Accordingly, the writ petition is allowed. The respondent-Commission, after verifying the original certificates so submitted by the petitioner, may now recommend his name to the State Government for appointment as per his merit so prepared. The recommendation be made within fifteen days from the date of receipt of certified copy of this order and further necessary consequential orders be passed by the Administrative Department within 30 days thereafter.”
5) In the result, this writ petition is allowed with no order as to costs.
Petitioner may now submit requisite original certificates to the respondents within 15 days from the date of receipt of copy of this order, who are directed to verify the same and recommend name of the petitioner to the State Government for appointment within 15 days thereafter. Necessary appointment order shall be issued by the concerned Administrative Department of the Government within 30 days thereafter.
(MOHAMMAD RAFIQ), J.
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