IMPORTANT POINT
The main legal point established in the judgment is that the competent authority should issue the caste certificate within one month of application submission, and the petitioner should not be held liable for the authority's lapse. The court also emphasized the interpretation of the relaxation in the matter of proof and the rejection of candidature as per the Supreme Court's decision in the case of Dolly Chhanda vs. Chairman JEE.

ORDER :

1. The petitioner has filed this petition assailing the memo dated 10.05.2022 (Annexure P/4) by which the petitioner’s appointment on the post of physical teacher has been rejected on the count that caste certificate dated 30.12.2019 which is after 21.11.2019 i.e. the date of declaration of the result of the examination conducted by the respondent No.5.

2. Facts of the case in brief are that School Education Department issued an advertisement on 09.03.2019 for appointment of various posts like lecturer, teachers (E and T-cadre), Assistant Teacher (E and T cadre), teacher English medium, Assistant Teacher Science Laboratory, Teacher (Physical Education). It is contended that the petitioner applied for the post of Teacher (Physical Education) and his name has been included in the select list at serial No 3. The Respondent initiated proceedings of verification of the documents of selected candidates; accordingly the petitioner was directed to appear for verification of the document on 10.05.2022. The Joint Director vide its memo dated held petitioner to be ineligible on the count that caste certificate of the petitioner is dated 30.12.2019 which is after the date of declaration of result on 21.11.2019. Hence, this petition has been filed for quashing of Annexure P/1 and for issuance of direction to the respondents to appoint the petitioner as Teacher (Physical Education) with all consequential benefits.

3. Learned counsel for the petitioner would submit that the petitioner was selected in the exam and his name finds place at serial No. 3 as reflected from Annexure P/2 and would submit that respondent No. 4 by wrong applying the provisions has rejected the candidature of the petitioner therefore, he has filed WPS No. 4316 of 2022 before this Court wherein this Court has passed the following order which is as under:-

After considering on these submissions, the petition is disposed off. The petitioner is granted liberty to file a representation within a time limit of 10 days, before respondents No. 3 who shall inturn consider on the same and take decision at the earliest, within a further time limit of 21 days from the date the copy of this order is received along-with the representation by taking cognizance of judgments Charles K. Skaria & Others versus Dr. C. Mathew & Others (supra) and Dolly Chanda Vs. Chairman JEE (supra). This Court has not made any observation on the merits of this case in this order until then the requirement procedure shall not be finalized.

4. Learned counsel for the petitioner would submit that the petitioner has applied for caste certificate before Sub Divisional Officer Dondilohara on 27.02.2019 which was prior to date of issuance of advertisement as it was issued on 09.03.2019 thereafter the certificate was issued on 30.12.2019 as such he should not suffer because of the illegality committed by the caste certificate issuing authority i.e. Sub Divisional Officer. They would further submit that the petitioner has been selected on the basis of education qualification which he holds and not on the basis of caste certificate thus, having belated caste certificate does not dis-entitled the petitioner to be appointed. He would further submit that the approach adopted by the authorities is unrealistic, unjust and subversive of purpose thus the Annexure P/4 deserves to be quashed. To substantiate their submissions they would refer to the judgment of Hon’ble Supreme Court in the case of Dolly Chhandra vs. Chairman JEE and others 2005(9) SCC 779 and would refer to the paragraph 7 which is as under:-

7. The general rule is that while applying for any course of study or a post, a person must possess the eligibility qualification on the last date fixed for such purpose either in the admission brochure or in application form, as the case may be, unless there is an express provision to the contrary. There can be no relaxation in this regard i.e. in the matter of holding the requisite eligibility qualification by the