JUDGMENT :

1. In the present case, petitioner appeared for appointment on the post of Agniveer (GD) and according to procedure of recruitment, participated in Army Recruitment Rally under the Agniveer Scheme, held from 05.09.2022 to 23.09.2022. Petitioner cleared Physical Fitness Test (PFT) on 06.09.2022 and then the Medical Test on 16.09.2022. Thereafter, petitioner was permitted to appear in written examination and has also declared pass in the written Common Entrance Exam (CEE) on 13.11.2022 and finally came to be shortlisted in the merit list. However, at the stage of documents verification, candidature of the petitioner has been rejected by issuing a rejection certificate dated 30.12.2022 (Ann.10) issued by the Army Recruitment Officer, District Jhunjhunu, for the reason “Incorrect document produced”. Petitioner, by way of instant writ petition, has assailed the rejection certificate dated 30.12.2022 and since the petitioner has already come in merit, prayed to direct the recruitment agency-respondents to grant appointment to the petitioner on the post of Agniveer (GD).

2. Heard learned counsels for both parties and perused the material placed on record.

3. As a matter of fact, the issue in this writ petition, is in respect of production of a copy of Scholar Register (SR) of petitioner of Class 3rd from Bharti Balmandir Upper Primary School, Pilod, Jhunjhunu, wherein date of birth of the petitioner dated 10.07.2001 has been altered/corrected as 10.7.2002. The respondent No.3-recruitment agency observed that such correction in date of birth in the Scholar Register of Class 3rd of the petitioner, was done without prior sanction to the concerned District Education Officer and in violation to directions issued by the Director, Secondary Education, Bikaner vide order dated 22.11.2021 (Ann.R/5). In addition, it was also observed that the petitioner got carried out such correction in the date of birth in the Scholar Register, on 20.12.2022, it means post dated to the date of his participation in the Army Recruitment Rally on 06.09.2022 and further the petitioner also produced false self declaration certificate of back dated of 14.07.2008 as well as prepared false affidavit of his father under his own signatures, in order to justify the correction in the date of birth in Scholar Register of Class 3rd from 10.07.2001 to 10.07.2002. Respondent No.3-recruitment agency further observed that the petitioner himself has accepted all such misdeeds on his part as also for preparing his self-declaration in back date and affidavit of his father fraudulently, in writing, vide a letter dated 20.12.2022 (Ann. R/11).

Therefore, for such reasons, candidature of the petitioner was rejected by issuing rejection certificate dated 30.12.2022 by the respondent No.3, who in reply to writ petition, has tried to justified the rejection of candidature of the petitioner, due to production of incorrect documents of Scholar Register of Class 3rd and preparing false documents in respect of change of his date of birth from 10.07.2001 to 10.07.2002 in Scholar Register, placing reliance on Para Nos.17(c) & 17(p) of the notification, followed in the present recruitment rally as well as relied upon the provisions contained in Part-II: Section-II Eligibility Criteria and verification of Character and Antecedents of recruits of Army under the Recruitment Directive for Recruitment of Junior Commissioned Officer’s/Other Ranks 2014 issued by the Directorate, Recruiting Branch, IHQ of Ministry of Defence (Army).

4. According to the petitioner, his actual date of birth is 10.07.2002, as indicated in his mark sheet of 8th Optional Board of Examination-2014 as well as in the mark sheet of Secondary Examination-2016, issued by the Board of Secondary, Rajasthan. In the Scholar Register for Class 3rd, the date of birth was wrongly mentioned as 10.07.2001, which was corrected as 10.07.2002, in order to bring all the documents in similar line to verify his date of birth as 10.07.20