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CHAKRADHARI SHARAN SINGH
Md. Athar @ Mohammad Athar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
1. Heard learned counsel for the parties online because of COVID-19 pandemic restrictions.
2. Through an advertisement No. 05010115, issued by the Staff Selection Commission (hereinafter referred to as 'the Commission') applications were invited for selection for appointment on the post of Lab Technician. The petitioner had applied online. Subsequently, he was invited for counselling with necessary documents. It is the petitioner's case that in the said counselling he had been granted 68.2 marks. Based on the outcome of the counselling process, a list of selected candidates for the purpose of interview was published on 29.05.2020 by the Commission in which the petitioner's roll number did not figure. The Commission, subsequently, issued notice on 05.08.2020 revising the interview programme indicating roll numbers of such candidates who were invited for interview on respective dates and time mentioned therein. In the said notice also, the petitioner's roll number did not figure. The petitioner claims to have represented the Commission claiming inclusion of his roll number in the list of candidates invited for interview.
3. It is the specific case of the petitioner that he ha
Employment selection criteria must consider valid experience, and procedural technicalities should not obstruct substantial justice.
The main legal point established in the judgment is that the experience certificate should be considered valid, and the decision not to award marks for the petitioner's experience was not sustainable....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
Rejection upheld for invalid experience certificate lacking authentication, seal and supporting proof despite written exam qualification; strict document verification compliance mandatory per recruit....
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