A candidate's eligibility should not be disregarded based on the absence of an original degree certificate if valid proof of graduation, such as a Grade Card, is submitted before the application deadline.

ORDER :

1. The instant writ application has been preferred by the petitioner for quashing the final result dated 27.06.2018 (Annexure-12) so far as petitioner is concerned, in view of the fact that even though he qualified Prelims Exam, Mains Exam as well as Physical and Medical Examination, he has not been considered for appointment on the post of Sub-Inspector in pursuance of Advertisement No. 05 of 2017.

2. The brief facts of the case as stated in the writ application is that the petitioner applied for appointment on the post of Sub-Inspector against Advertisement No. 05 of 017 published on 15.07.2017. He was declared successful in Prelims and Mains Examination conducted on 29.08.2017 and 19.11.2017 respectively. After passing the physical test the petitioner was called for the medical test which was held between 10.04.2018 to 18.04.2018 in which he was declared successful and on 19.05.2018 the petitioner was called for document verification to which he submitted self-attested online grade card status of his graduation issued on 03.08.2017.

A show-cause letter was issued to the petitioner on 19.05.2018 to which he submitted his reply on 26.05.2018. The candidature of the petitioner was rejected stating that he failed to prove the desired educational qualification.

3. Learned counsel for the petitioner submits that though the petitioner has submitted the provisional marksheet/Grade Card certifying that he is a graduate as till that time original degree was not received by him. He has not been selected for the post in spite of passing of the Prelims, Mains as well as Physical and Medical Examination. Learned counsel draws attention of this Court to Annexure-9 which is the Grade Card dated 03.08.2017 carrying details of subject of graduation provided by the Indira Gandhi National Open University (in short IGNOU) and submits that this Grade Card was submitted by the petitioner well within time. He further refers to paragraph no. 28 of the counter affidavit and submits that this document has not been disputed; rather admitted by the respondents.

Learned counsel further draws attention of this Court towards the advertisement wherein at Clause 9 it has been stated that educational qualification certificate and reservation certificate claiming reservation must be possessed by the candidates at the time of submission of application form.

4. Relying upon Clause 9 of the advertisement, learned counsel submits that by going through the Grade Card it is evidently clear that the petitioner has completed his graduation and he was having the certificate certifying that he is eligible for the concerned examination; however, by not considering this certificate he has not been selected for the job.

Learned counsel for the petitioner further draws attention of this Court to Annexure-D which is the show-cause issued to the petitioner to the effect that why he should be considered when he is not having educational certificate at the time of filing of the application form. He further draws attention of this Court to the impugned order and submits that at paragraph no.2 of the impugned order, it has been categorically stated that since the petitioner and others whose roll numbers are indicated were not having educational qualification till the last date of submission of application form i.e. 13.08.2017, as such they could not qualify. For brevity paragraph no. 2 of the impugned order is extracted hereinbelow:

5. Learned counsel contends that there is no dispute as to whether the petitioner was qualified or not but it is only fact that since the Grade Card was not considered