IMPORTANT POINT
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 disqualify the candidate if the training was indeed completed.

JUDGMENT :

D. Bharatha Chakravarthy, J.

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 31.01.2022 passed in W.P(MD)No.5634 of 2019.)

This Writ Appeal is directed against the order of the learned Single Judge, dated 31.01.2022 passed in W.P(MD)No.5634 of 2019.

2. By the said order, the learned Single Judge allowed the writ petition filed by the respondent/writ petitioner. The respondent had prayed for a Writ of Mandamus directing the appellant herein to appoint the respondent either as Forest Guard or as Forest Guard with Driving Licence in pursuant to the notification, dated 06.10.2018, written test and certificate verification conducted on 29.01.2019 by considering his representation, dated 03.03.2019.

3. The case of the respondent/writ petitioner is that there exists the posts of Forest Guard and Forest Guard with Driving Licence in the Tamil Nadu Forest Uniformed Services. By a notification, dated 06.10.2018 applications were called for from eligible candidates. The respondent upon being satisfied that he qualifies to be appointed to the said posts, submitted his application. A written examination was conducted on 11.12.2018 and the respondent cleared the written examination and was short listed for the further process of selection and his name figured in Serial No.58 in the General Category. Thereafter, on 29.01.2019, the respondent was called for certificate verification and physical test. After the production of the original certificates, the respondent participated in the Physical Endurance Test on 05.02.2019 and was successful in the Physical Endurance Test also. The respondent was found suitable for both the posts. But, however, the respondent was not issued any order of appointment. The respondent has also obtained information under the Right to Information Act, 2005 in respect of the persons appointed pursuant to the above selection. He also made representations to appoint him. In spite of the same, the respondent was not given any offer of appointment and hence, the writ petition.

4. The writ petition was resisted by the appellant. It was pleaded that even though the respondent was found to be meritorious and got selected, he was not appointed because as per the notification, the selected candidate must possess the First Aid Course Completion Certificate issued by a Recognized Organization in Tamil Nadu. The respondent at the time of certificate verification had produced a certificate as if he attended the examination on 23.09.2007 and that certificate reads as a provisional certificate and it states that it will be valid only for a period of six months. This apart, the respondent had produced another certificate as if he underwent an examination on 15.01.2019, which states that his certificate will be issued from Delhi in a later date. Therefore, that cannot also be considered as a certificate. The respondent has produced yet another certificate from M/s. St. John Ambulance, in which, it was mentioned that the date of examination itself was on 01.02.2019 and therefore, the said certificate was not taken into account. Therefore, the first certificate being invalid, the second certificate is not being a certificate at all and the third certificate having been obtained after the crucial date, the same were rejected and as such, since the respondent did not qualify to be appointed for the said post, he was not issued order of appointment.

5. The learned Single Judge considered the cases of both sides and found that the First Aid Course Completion Certificate produced by the respondent/writ petitioner, even though reads as a provisional certificate, it can be taken as a valid certificate and therefore, non-consideration thereof is a fatal flaw in the selection process. On the said finding, directed the appellant herein to approve the respondent’s candidature and issue an order of appointment for the Post of Forest Guard with Driving Licence within a period of four weeks from th