The Court held that the non-production of a certificate or proof of eligibility at the time of document verification does not necessarily disqualify a candidate if the candidate is otherwise eligible and entitled to the marks or benefits.

ORDER :

1. Heard both the parties, present in person as also learned counsel for respondents and perused the material available on record.

2. Pursuant to advertisement dated 18.11.2021 (Ann.1) issued by the Directorate, Home Defence, Rajasthan for recruitment on posts of Constable General, Constable Bigular, Constable Drumman and Constable Driver in various districts, units and battalion of Home Department in Rajasthan under Rajasthan Home Guard Subordinate Service Rules, 2021 (hereinafter for short “the Rules of 2021”), petitioner applied for the post of Constable General Non TSP in OBC (Non Creamy Layer) category. It has not been disputed that petitioner had qualified the written examination as also the Physical Efficiency Test and Physical Standard Test (PET/PST), but was not selected in the final merit list. By way of instant writ petition, petitioner has raised a grievance that he has not been awarded 5 marks for his computer aptitude, on account of qualifying certificate course of Rajasthan State Certificate in Information Technology (RS-CIT), for which he is entitled under Rule 30 of the Rules of 2021 and as per Clause 14 of the advertisement dated 18.11.2021. Petitioner states that if 5 marks are added to marks obtained in written examination and physical test, he falls in merit and becomes entitle for appointment. Therefore, petitioner has prayed that respondents be directed to award 5 marks to petitioner for his RS-CIT certificate and to accord appointment to him on the post of Constable General Non TSP in the OBC (NCL) category.

3. Petitioner has pleaded that prior to participation in the recruitment selection process, petitioner had undergone to the course of computer education and has been awarded a RS-CIT certificate by the Vardhman Mahaveer Open University, Kota on 03.10.2017. A copy of certificate has been placed on record as Annexure 6. It has been pleaded that petitioner produced his certificate of RS-CIT before the selection Board, at the time of documents verification, but respondents did not consider the certificate and thereby, deprived the petitioner from the award of 5 marks, for which he is legally entitled, as indicated in the Clause 14 of the advertisement as per Rule 30 of the Rules of 2021. Thus the action of respondents is arbitrary and violative to Articles 14 & 16 of the Constitution of India. Petitioner states that after addition of 5 marks for his special education of computer aptitude, he stands higher in merit to the last cut off marks in the final merit list for the post of Constable General in the category of OBC (NCL) and as such entitled for appointment. Therefore, denial of appointment to petitioner is violation of his legal and constitutional rights.

4. In reply to writ petition, respondents have taken a plea that as per point No.18 of the advertisement, it was compulsory to produce all documents in original and their self attested copies at the time of PET/PST, but petitioner never produced his certificate of RS-CIT along with other documents during course of documents verification, therefore, he was not awarded 5 mark for his additional qualification of computer aptitude and for which respondents are not at fault. It has also been stated by respondents in the reply that the similar type of RS-CIT certificates like petitioner, produced by other several candidates were considered by the recruitment Board for awarding bonus marks, but since petitioner did not produce his RS-CIT certificate, therefore, he was rightly not awarded bonus marks on this count.

5. This Court, after considering such peculiar facts of the present case, where the petitioner is in possession of the certificate of RS-CIT, but was deprived of 5 marks for his certificate, in presence of both parties, passed the Order dated 14.12.2022 and permitted the petitioner to appear before respondents for document verification and to consider his certificate of RS-CIT, provisionally to award bonus marks and consider the case of peti