2018 Supreme(Pat) 590
IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
Pradeep Kumar @ Dr. Pradeep Kumar S/o Shiv Prasad Yadav – Petitioner
Versus
The State of Bihar, through the Chief Secretary – Respondent
Civil Writ Jurisdiction Case No. 1279 of 2018
Decided On : 03-04-2018
For the Petitioner: Mr. Nityanand Mishra.
For the Respondents: Mr. Sarvesh Kumar, Mr. Ashok Kr. Dubey.
Headnote:
Work Experience Certificate - Agriculture Coordinator - The court upheld the rejection of the petitioner's candidature due to the lack of details in the work experience certificate, emphasizing the importance of authentic and detailed certificates in the selection process.
Fact of the Case:
The petitioner's candidature for the post of Agriculture Coordinator was rejected due to the lack of details in the work experience certificate.
Finding of the Court:
The court found that the work experience certificate submitted by the petitioner lacked essential details, and upheld the rejection of the candidature by the Commission.
Issues: Dispute over the authenticity of the work experience certificate and the Commission's decision to reject the petitioner's candidature.
Ratio Decidendi: The court emphasized the importance of authentic and detailed certificates in the selection process, and upheld the Commission's decision based on the lack of essential details in the petitioner's certificate.
Final Decision: The court dismissed the petition, finding no merit in the petitioner's case.
1. The present petition has been filed for setting aside the order issued vide Memo No. 2184 dated 21.08.2017 by the Bihar Staff Selection Commission, Patna whereby and whereunder, the candidature of the petitioner has been rejected on the ground that in the work experience certificate of the petitioner herein, the name of the issuing officer and the office has not been mentioned. The further prayer is regarding modification of the combined selection list/result of the Agriculture Coordinator published vide Memo no. 3743 dated 24.11.2017 and Memo No. 3754 dated 25.11.2017 by considering the candidature of the petitioner herein.
2. The short facts of the case are that the respondent no. 8 issued Advertisement No. 02010115 dated 29.04.2015 for making appointment to the post of Agriculture Coordinators, in pursuance to the new recruitment procedure and service conditions contained in notification dated 11.03.2014. In the said advertisement, it was mentioned that the work experience of the candidate who has already worked in the department of Agriculture, Government of Bihar shall be considered and appropriate weightage shall be given as per Clause 7 of the said Advertisement. The petitioner being fully qualified had applied in pursuance of the aforesaid advertisement and thereafter, was also called for counseling. Subsequently, in pursuance to the orders passed by this Court in CWJC No. 13658 of 2016, objections were invited by the Commission and the petitioner had also filed his objection online pursuant whereof, the respondent-Commission, by an order dated 27.07.2017, rejected the case of the petitioner herein on the ground that the work experience certificate submitted by the petitioner does not contain the stamp/details of the office and the officer who has issued the same.
3. The learned counsel for the petitioner has submitted that though it is true that the work experience certificate submitted by the petitioner herein neither contains the details of the office or the officer who has issued the same, as is apparent from a copy of the same annexed at internal page no. 13 of the counter affidavit filed by the Bihar Staff Selection Commission but the petitioner cannot be faulted for the mistake of the authorities, nonetheless a further clarification was issued regarding the work experience certificate of the petitioner dated 19.03.2015 by the office of the District Agriculture Officer, Madhubani vide Memo No. 1022 dated 06.06.2017.
4. Per contra, the learned counsel for the respondent-Commission has submitted that the certificate pertaining to the work experience submitted by the petitioner at the time of counseling neither mentions the name of the office by which it was issued nor the designation or stamp of the issuing authority was found on the said certificate, hence his case was examined and rejected by a speaking order.
5. The learned counsel for the petitioner has further submitted by referring to the supplementary affidavit filed by the petitioner that similarly situated candidates who had also submitted similar type of work experience certificate have been selected and appointed as Agriculture Coordinator, one of such candidate by way of example being Mr. Vijay Kumar Singh.
6. In reply to the aforesaid statement, the learned counsel for the Commission has submitted that the case of the said Vijay Kumar Singh is entirely different inasmuch as, in the certificate of the said Vijay Kumar Singh, name of the office as well as designation of the officer issuing the said certificate has been mentioned, however in the case of the petitioner’s certificate, the said details are missing. It is further submitted that the instructions mentioned in the communize of the respondent-Commission annexed as Annexure-4 to the writ petition is only with regard to the missing letter number and date on the experience certificate and the cases wherein, no stamp or details of the officers/office have been mentioned are not required to be