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2008 Supreme(Pat) 1354

PATNA HIGH COURT
Mridula Mishra, J.
Rajendra Mochi
Versus
Slate Of Bihar
Criminal Miscellaneous No. 20884 of 2006 ; 7554 of 2006 ; 14002 of 2006 ; 15329 of 2006 ;
Decided On : SEPTEMBER 05, 2008

Headnote:Indian Penal Code, 186o-Sections 191,192,193,198,199,420,471,474 and 511-Appointment of Amins-Use of alleged forged certificates-No complaint from any individual or students regarding fraud-State Govt. is not running any institution which impart training of Amanat-At no stage objection regarding certificate of Amanat training was raised by Subordinate Selection Commission-Same certificate cannot be, treated as forged at a later stage-Final result on producing any forged document do not make out any difference so far commission of offence is concerned-Complaint was filed by unsuccessful candidates-Institution of criminal cases against successful candidates as well as institutions and their authorities is malicious-Entire criminal proceedings quashed. (Paras 15, 17, 18, 20, 23 and 28)

       Service Law-Appointment-If employer has not fixed any criteria, selection agency cannot fix or impose any additional criteria. (Para 23)

       

Judgment

1. All these six criminal miscellaneous applications have been filed for quashing of the entire criminal proceedings of different Police cases instituted mainly for offence under Sections 191, 192, 193, 198, 199, 420, 471, 474 and 511 of the Indian Penal Code.

2. The background in which the F.I.Rs. of Gardanibagh P.S. Case Nos. 211/06, 13/06, Madhepura P.S. Case No. 22 of 2006, Kazi Mohammadpur P.S. Case No. 11 of 2006 and Muzaffarpur Sadar P.S. Case No. 12 of 2006 were instituted relates to recruitment of Amins in the Department of Revenue Land Reforms, Government of Bihar. There were several vacancies of Amin in the Muffasil Office due to which the measurement of land and other land related work in the Government Department were being affected. Requests were made before the Department of Revenue Land Reforms for appointment on the vacant post of Amin. The Land Revenue Department in order to maintain uniformity in the appointment, issued instruction to all concerned by Memo No. 354(4) dated 26.3.2004 fixing qualification for the post of Amin in the State of Bihar. The qualifications were that the candidates should have certificate of matriculation/equivalent examination, certificate of examination of Amanat training having no bar of experience. The appointment was to be based on competitive examination. The Staff Selection Commission, Bihar, Patna was directed to hold the examination for which total marks was 200 out of which 100 marks was fixed for Amanat and rest 100 marks of general knowledge/ general studies. The Staff Selection Commission, Bihar on 11.9.2004 published advertisement no. 604 of 2004 in Hindi Daily dainik Aaz inviting applications for the post of Amin. In this advertisement on the basis of guidelines issued by the Department of Revenue and Land Reforms, the criteria for appointment to the post of Amin was fixed. However regarding the certificate relating to Amanat training the criteria was that the training certificate should be from any institution approved by the State Government. In pursuance of the advertisement several persons including the petitioners in Cr. Misc. No. 20884 of 2004 filled up their forms annexing the photocopies of their matriculation/equivalent certificate and also the certificate of Amanat training granted by the institution registered by the I.G. Registration. These institutions claimed to have given training of Amanat and also issued certificate to such training in favour of the candidates.

3. Case of the petitioners is that in the entire Bihar State there is no Government Institution conducting Amanat Training and that was the reason that since beginning up to date almost all the Amins functioning under the State of Bihar as the Government Amins have got the Amanat training and passed examination from the institution registered by the Department of Registration, Government of Bihar. So far these institutions are concerned their by-laws are duly approved by the I.G. Registration and they are authorized to conduct Amanat training and grant certificate. The Staff Selection Commission, Bihar scrutinized the entire applications and testimonials submitted by the aspirants and thereafter issued admit cards to the candidates finding the applications in order and testimonials as genuine. On 1.5.2005 the examination was conducted and altogether 50 aspirants were declared successful. Roll numbers of successful candidates were published in accordance with their seniority on 13.11.2005. The Chairman of the Staff Selection Commission and other members of the Board took decision vide Resolution No. 212 dated 10.12.2005 to recommend the names of successful candidates to the concerned department. Till this stage there was no objection from any quarter. The successful candidates were asked to produce their caste certificate for issuance of appointment letters, but some complaints were received at this stage by the new Chairman of the Commission. These complaints were made by the unsuccessfu


























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