The main legal point established in the judgment is that lacking eligibility for a post cannot be cured at any stage, and appointing individuals without the requisite qualifications would amount to serious illegality.

ORDER : – Both the petitions, i.e. W.P No. 10216/2012 and W.P No. 1293/2013 involve similar issues, therefore, they are decided by this common order.

Petitioner in W.P No. 10216/2012 has filed this petition making a prayer for removal of respondents No. 6 to 10 from post of Patwari in compliance of letter No. 158/Exam-10/12, dated 3-4-2012. Commissioner Land Records and Settlement, Gwalior, Madhya Pradesh wrote a letter to all Collectors of State in compliance of order dated 21-1-2011 and 8-4-2011 passed in W.P. No. 841/2010 (Ved Prakash Sharma vs. State of M.P.,) and W.P. No. 2871/2010 (Ajay Pratap Singh vs. State of M.P.) giving following directions : –

(1) Diploma Certificates issued by Dr. C. V. Raman University before 11-2-2005 is recognized. (2) Diploma Certificates issued after 11-2-2005 till reorganization of University under section 2(f) of University Grants Commission Act, 1956, is not recognized. (3) State Government vide its memorandum No. 1333/1734/2009/7/4, dated 26-8-2009 has granted time till 30-11-2009 to produce Diploma Certificates. Diploma Certificates which were produced after 30-11-2009 are not recognized.

2. On basis of aforesaid directions, Collectors were directed to give opportunity of hearing to the candidates and pass appropriate orders.

3. Similarly in linked matter, W.P No. 1293/2013 prayer is made by petitioner for quashing order dated 8-11-2012 by which representation of petitioner for giving him appointment and cancellation of appointment of respondent Nos. 5 to 14 was dismissed. Petitioner has also made a prayer for quashing of order dated 6-12-2012 by which appointment was given to private respondent Nos. 5 to 14 as Patwari.

4. Petitioners in these petitions have raised a singular issue that private respondents had obtained educational qualification after cut-off date, therefore, their appointment is bad and same may be quashed.

5. Brief facts in these petitions are as under : –

Professional Examination Board has issued an advertisement for conducting Examination for appointment of Patwaris in Revenue Department under Land Records and Settlement. Last date for filing examination forms was 7-7-2008. As per the Examination Rules of 2008, educational qualification required for appointment to post of Patwari was as under : –

In W.P No. 10216/2012 respondent Nos. 6 to 10 namely; Rakesh Kumar Gupta, Digvijay Singh Rajpoot, Jyoti Nigam, Anuj Jaiswal and Mahendra Kumar Mishra, had obtained Post Graduate Diploma in Computer Application from C. V. Raman University on 17-10-2008.

Respondent Nos. 6 to 10 of W.P No. 10216/2012 are also impleaded as respondent Nos. 6 to 10 in W.P No. 1293/2012. Other private respondents in W.P No. 1293/2013 i.e. respondent Nos. 5, 11 to 14 are Deep Kumar Pandey, Sumita Shrivastava, Kshipra Tiwari, Varsha Asati and Jyoti Paroha.

Deep Kumar Pandey had obtained Diploma Certificate from Global University, Nagaland on 2-9-2008 and rest of the respondents, namely Sumita Shrivastava, Kshipra Tiwari, Varsha Asati and Jyoti Paroha had obtained Post Graduate Diploma in Computer Application from Makhanlal Chaturvedi, University, Bhopal on 8-9-2008.

6. It is submitted by counsel appearing for the petitioners that no action was taken by State pursuant to directions issued by the Commissioner Land Records and Settlement Madhya Pradesh. Services of private respondents are to be terminated as they have acquired specific eligibility that is Diploma in Computer after the cut-off date by a non-recognized institution. On basis of aforesaid submissions, prayer is made to direct official respondents to take action in accordance with law against private respondents.

7. Learned counsel for petitioners submitted that it is settled law that a candidate applying for appointment to a particular post must have acquired educational qualification as prescribed in Rules on the cut-off date. Result of candidate must have been declared before cut-off date. Mark-sheet may be issued to such candidates at a l