Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, S. SRIMATHY, JJ.
Periyakaruppan - Appellant
Versus
The Member Secretary, Tamil Nadu Forest Uniformed Services Recruitment Committee (TNFUSRC), Chennai - Respondent
W.A.(MD). No. 476 of 2022 & C.M.P.(MD). Nos. 4479 & 4480 of 2022
Decided On : 26-07-2022
First Aid Certificate - Forest Guard Recruitment - [Act Section List] - The court discussed the requirement of possessing a valid first aid certificate for the post of Forest Guard with driving license and the misinterpretation of the information brochure by the respondent. The court emphasized that the candidate must possess the certificate at the time of online registration and certificate verification, and not necessarily at the date of issuance of the advertisement.
Fact of the Case:
The petitioner applied for the post of Forest Guard with License and sought to quash the rejection of candidature due to the absence of a first aid certificate at the time of notification. The petitioner possessed the certificate at the time of online application but obtained it after the notification date.
Finding of the Court:
The court found that the respondent misinterpreted their own information brochure and held that the petitioner, possessing the first aid certificate at the time of online application, is entitled to relief.
Issues: The main issue was the timing of possession of the first aid certificate in relation to the date of notification for the Forest Guard recruitment.
Ratio Decidendi: The possession of a valid first aid certificate at the time of online registration and certificate verification is essential for the Forest Guard recruitment, as per the information brochure. The misinterpretation of this requirement by the respondent led to the erroneous rejection of the petitioner's candidature.
Final Decision: The impugned order was set aside, and the appellant was directed to be included in the final selection list for the Forest Guard position, as the appellant possessed the first aid certificate at the time of online application.
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.2633 of 2021, dated 18.04.2022.)
S. Srimathy, J.
1. This Writ Appeal is filed challenging the order passed in Writ Petition W.P.(MD)No.2633 of 2021, dated 18.04.2022.
2. The prayer in the writ petition is for issuance of a Writ of Certiorarified Mandamus, to quash the order of rejection of candidature issued by the respondent through website, dated 27.01.2021, in so far as the petitioner (Table – 1(b) by S.No.39, in (Reg No.20020031094) is concerned for the post of Forest Guard with License and consequently, to direct the respondent to accept the petitioner's First Aid Certificates and select and appoint the petitioner to the post of forest guard with license within the stipulated time.
3. The brief facts of the writ petition are that the petitioner completed 10th standard in March, 2005, 12th standard in March 2007 and possess LMV driving License, dated 26.02.2013. The petitioner has completed B.E., and possess PSTM certificate. The petitioner had worked as Driver from 01.08.2016 to 30.04.2020 in M/s. Devi Travels for a period of 4 years. The petitioner submitted that the first aid certificate from St. John Ambulance Association for the class conducted from 02.01.2020 to 09.01.2020 and also completed another first aid course in National Skill Development of India by examination on 20.01.2020.
4. The petitioner has applied for the post of Forest Guard and Forest Guard with license post as per the Advertisement No.2 of 2019 through website on 30.11.2019. The number of vacancies in respect of Forest Guard was mentioned as 227 and Forest Guard with driving License with current vacancy 2 posts and carry forward vacancies 91 posts totally 320 vacancies. Educational qualification prescribed for this at post is pass in higher secondary course (+2) with physics, chemistry, biology, zoology or botany as one of the subject for the post of Forest Guard. For Forest Guard with driving License, the prescribed qualification is same as Forest Guard with further qualification of a valid driving License issued by competent authority and also certificates from a reputed firm that the candidate should process experience in driving of light motor vehicle and heavy motor vehicle for a period of not less than 3 years after getting driving License and also that the candidate must possess first aid certificate by recognized organization.
5. The petitioner had submitted an application on 03.02.2020 through online for both the above said posts, i.e. for forest guard with or without license through online. The petitioner has applied for the post of Forest Guard and Forest Guard with license post as per the Advertisement No.2 of 2019 through website on 30.11.2019. The number of vacancies in respect of Forest Guard was mentioned as 227 and Forest Guard with driving license with current vacancy 2 posts and carry forward vacancies 91 posts totally 320 vacancies. The Educational qualification prescribed for this post is pass in Higher Secondary Course (+2) with physics, chemistry, biology, zoology or botany as one of the subject for the post of Forest Guard. For Forest Guard with driving license, the prescribed qualification is same as Forest Guard with further qualification of a valid driving license issued by competent authority and also certificates from a reputed firm that the candidate should possess experience in driving of Light Motor Vehicle and Heavy Motor Vehicle for a period of not less than 3 years after getting driving license and also that the candidate must possess First Aid Certificate by recognized organization. The petitioner had submitted an application on 03.02.2020 through online for both the above said posts, i.e., for forest guard with or without license through online. The respondent through another notification in website, dated 07.03.2020 for the same posts issued Advertisement No.2 of 2019, dated 30.11.2019, whereby increa
AI
The possession of a valid first aid certificate at the time of online registration and certificate verification is crucial for eligibility in Forest Guard recruitment, as per the information brochure....
Possession of valid certificates at the time of online application and certificate verification is essential for eligibility in recruitment processes.
A provisional certificate can be considered valid for qualification purposes if it indicates that the candidate has completed the necessary training, and the absence of a final certificate does not d....
The court affirmed the binding nature of RTI responses and mandated consideration of the petitioner's corrected scores for appointment, emphasizing fair recruitment practices.
The registration certificate should be treated as a technical formality and not an additional qualification, and the advertisement should be amended to avoid unnecessary distress to meritorious candi....
Administrative authorities must comply strictly with recruitment criteria to prevent injustice, even in cases of inadvertent errors, as arbitrary rejections undermine fairness and transparency in pub....
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 dead....
The judgment reaffirms the principle that non-submission of requisite certificates in accordance with the advertisement's requirements is sufficient ground to reject a candidate's candidature.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
