ORDER :

1. The instant intra-court appeal, preferred under Clause-10 of Letters Patent, is directed against the order/judgment dated 14.09.2017 passed by the learned Single Judge of this Court in W.P. (S) No. 1078 of 2017, whereby and whereunder the writ petition was allowed and impugned orders as contained in communication dated 14.09.2015 and 08.12.2016 were quashed and set aside with direction upon the respondents-Project Officer, Urimari Project, Barka Sayal Area, Central Coalfields Limited to call upon the petitioner to produce necessary documents, if any, required for his appointment on a suitable post.

2. The brief facts, as per the pleadings made in the writ petition, read as under:

The father of the writ petitioner died in harness on 18.06.2014 while working and posted as Wagon Loader Railway Siding in Barka-Sayal Area, CCL. Immediately thereafter, the mother of the petitioner submitted an application on 03.07.2014 before the Chief Manager, CCL, Darbhanga House, Ranchi for grant of compassionate appointment of the petitioner. But when the case of petitioner was not considered, the petitioner submitted another application on 03.09.2015 before the Chairman-cum-Managing Director, CCL, Ranchi. Pursuant thereto vide order as contained in letter dated 14.09.2015 the petitioner was held to be precluded to seek compassionate appointment on the ground of being over-aged. Thereafter, the petitioner was medically examined for assessment of his age, where he was found to be aged about 35-40 years old as on 15.09.2016. Therefore, the case of the petitioner was rejected vide order dated 08.12.2016 by not accepting the date of birth recorded as 20.06.1984 in the certificate of Prathama, which is equivalent to Matriculation, issued by Hindi Sahitya Sammelen, Allahabad and other relevant documents.

Aggrieved thereof, the petitioner approached this Court by filing writ petition for quashing the order as contained in letter dated 14.09.2015, by which he was precluded to seek compassionate appointment on the ground of being over-aged and order as contained in communication dated 08.12.2016, by which, his case for appointment on compassionate ground was rejected on the ground that date of birth mentioned in the certificate issued by Hindi Sahitya Sammelen, Allahabad has been held inadmissible.

The writ Court, taking into consideration the fact that the Matriculation (Prathama) certificate produced by the petitioner has not been found to be fake certificate and further the age determined by the Medical Board has wide range in age, allowed the writ petition by quashing the impugned orders and directed respondents-authorities to call upon the petitioner to produce necessary documents, if any, required for his appointment on a suitable post, which is the subject matter of instant intra-court appeal.

3. Mr. Amit Kumar Das, learned counsel for the appellant-CCL has assailed the impugned order on the ground that the learned Single Judge has failed to appreciate the fact that once the certificate issued by the Hindi Sahitya Sammelan, Allahabad has been held to be inadmissible in view of judgment passed by Hon’ble Apex Court in the case of Rajasthan Pradesh Vaidya Samiti, Sardarshahar and Another vs. Union of India and Others, (2010) 12 SCC 609, the said certificate for any other purposes also cannot be taken into consideration otherwise there will be chance of commission of forgery by getting the certificate for other purposes i.e. for the purpose of acceptance of date of birth but this aspect of the matter since has not been considered in the order impugned, it requires interference by this Court.

Further contention has been raised that if the order passed by the learned Single Judge to the effect of acceptance of date of birth mentioned in the certificate issued by Hindi Sahitya Sammelan, Allahabad will not be discarded then it will amount to opening of flood gate and so many persons/candidates who have crossed the age of 35 years will offer his candi