Adherence to conditions mentioned in the advertisement is crucial, and failure to meet these conditions can justify the rejection of an application.

JUDGMENT :

S.N. Prasad, J.

This writ petition is for issuance of direction upon the opposite parties to appoint the petitioner as Asha Sathi for Sindhekela sector.

2. The brief fact of the case is that in pursuance of an advertisement dated 04.12.2012 for the post of Asha Sathi for Sindhekela sector, the petitioner applied for the same post by furnishing the required documents like residential certificate, mark sheet of H.S.C. examination published in the internet with an undertaking to furnish the original hard copy at the time of scrutiny, as the same has not reached the petitioner till the time of application.

3. The grievance of the petitioner is that in spite of the application having been submitted properly along with all relevant documents, three selected candidates, who were engaged as Asha Sathi except the petitioner and one Rina Tandi, opposite party no.4, was engaged for Sindhekela sector, though she was not selected, as her incentive was less.

4. Being aggrieved with the illegal action of opposite party no.3, the petitioner appealed before the Chief District Medical Officer, Bolangir by filing representation, when it was not disposed of, she preferred a writ petition before this Court in W.P.(C) No.7759 of 2014, which was disposed of vide order dated 7.5.2014 with a direction to take decision on the petitioner’s representation. The Chief District Medical Officer, Bolangir has rejected the representation vide order dated 12.06.2014 on the ground that the petitioner has not submitted the original certificate in time. The rejection of the claim of the petitioner is under challenge in this writ petition on the ground that when the petitioner has submitted her certificate in support of passing secondary examination downloaded from the internet, rejection is arbitrary and illegal in view of the provision of the Information Technology Act, 2000 wherein it is provided that the document, if downloaded from the internet, has been said to be valid document.

5. Counter affidavit has been filed by the opposite party no.1 through the Assistant Manager, ASHA, NHM, Office of the C.D.M.O.-cum-District Mission Director, Bolangir wherein ground has been taken that pursuant to the advertisement, since the documents have not been annexed in support of the educational qualification, her candidature was rejected on the ground of specific condition mentioned in the notice inviting application wherein with the clear-cut stipulation that applications not having with required documents will be rejected by the committee. The authorities, after taking into consideration specific condition mentioned in the advertisement and considering the fact that the petitioner has submitted her application not along with H.S.C. mark sheet rather, one downloaded mark sheet has been submitted which was issued on 14.12.2012 by National Institute of Open Schooling, Government of India whereas the last date of receipt of application was 13.12.2012. The authorities, after going through the downloaded copy of the mark sheet, has found that she had submitted application on 12.12.2012 and the result of her Tenth Examination passed mark sheet is 14.12.2012 and as such, the selection committee has came to conclusion that under no circumstance, one can submit educational mark sheet before declaration of the results, taking into consideration this aspect of the matter, the candidature of the petitioner has not found to be fit, accordingly rejected.

6. Learned counsel appearing for the opposite parties has submitted that it is evident from the application filed by the petitioner dated 12.12.2012 that she has submitted Tenth Examination passed mark sheet published in the internet with an undertaking to submit the same at the time of selection. He further submits that the advertisement does not contain any condition that any candidate is to be given any extension of time for the purpose of submission of the certificate as required by the advertisement, to others and if this pract