IN THE HIGH COURT OF MADHYA PRADESH
Gurupal Singh Ahluwalia, J.
Umesh Kumar Rajak v. State of M.P.
Writ Petition No. 788 of 2019 (J); Decided on 21.6.2023
Appointment -- appointment as Gram Rajgar Sahayak -- additional marks fixed for Computer Certificate from recognized universities -- appointment on basis of certificate obtained from unauthorized university -- cannot be upheld -- direction issued to deduct additional marks based on aforesaid certificate, prepare merit list afresh and give appointment to meritorious candidate within 3 months. [Paras 12 to 14]
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ORDER
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
“(i) That this Hon. Court may be pleased to quash the impugned order dated 17.3.2017 ANNEXURE P/9 order dated 24.9.2018 ANNEXURE P/15 and after quashing the same this Hon. Cout may be pleased to direct the respondents to immediately appoint the petitioner on the post of Gram Rojgar Sahayak w.e.f. 21.17.2010 in view of merit list with all consequential benefits.
(ii) Further the respondents be directed to immediately disqualify and remove the respondent No.6 from the post of GRS and disbar him from appearing in the selection process because he has deliberately submitted forged documents.
(iii) that any other writ or writs, order or order, direction or direction thought just and proper my kindly be issued.”
2. According to the petitioner, an advertisement was issued by Janpad Panchayat, Dindori for appointment of Gram Rojgar Sahayak. As per the eligibility criteria, the aspirant was required to have passed Computer Certificate from Universities Recognized by the State Government as well as UGC and the details of the Universities were also mentioned i.e. A.P. Singh University, Barkatullah University, Devi Ahilya Bai University, Dr. Harisingh Gour University, Jiwaji University, Rani Durgawati University and Vikram University and it was specifically mentioned that only the certificate issued by the aforesaid universities shall be accepted and the certificate issued by any other institution shall not be accepted. However, it was clarified that the application form will not be rejected but the aspirant will not be given Computer related marks.
3. It is submitted by the counsel for the petitioner that apart from the other aspirant, the petitioner as well as the respondent No. 6 applied for the post of Gram Rojgar Sahayak. The respondent No. 6 had annexed the certificate of Diploma in Computer Applications purportedly issued by the Global Open University, Nagaland. According to which, the said certificate was issued on 22.2.2010. It is further submitted that the said certificate appears to be forged because the mark-sheet of First Semester of the respondent No. 6 is at page 38, according to which, the examination of First Semester was held in December, 2009. It is submitted that when the examination of First Semester held in December, 2009, then it was not possible for the University to issue the certificate of Diploma in Computer Applications on 22nd of February, 2010 i.e. just two months after holding the examination of First Semester.
4. Furthermore, it is submitted that the Global Open University, Nagaland was not competent to issue the certificate to the respondent No. 6 and thus, the award of marks to the respondent No. 6 on the strength of Certificate of Diploma in Computer Applications issued by the Global Open University, Nagaland is bad in law. Against the selection of the respondent No. 6, the petitioner filed a Writ Petition i.e. W.P. No. 12168/2013 and in light of the order passed by this Court, an appeal was filed before the Collector who disqualified the respondent No. 6 for the post but instead of appointing the petitioner, he declared the post vacant and directed for fresh selection. Against the order dated 31.12.2013, the respondent No. 6 filed a W.P. No. 15173/2014, in which the petitioner was impleaded as respondent No. 4. This Court by order dated 3.3.2015 reopened the matter and passed a very detailed order and directed for restoration of the appeal and to decide the same on merits. It was also directed that the Collector shall also consider the eligibility and entitlement of the petitioner in place of the respondent No. 6, if the appeal is allowed.
5. In the meanwhile, the respondent No. 6 whose appointment was set aside by the Collector preferred a Revision before the Commissioner who by order dated 17.3.2017 passed in Case No. 143/B;121/2015-16 restored the order of appointment of the respondent N
Off-campus study centers require prior approval of the UGC and the State Government, and appointments made contrary to this requirement are liable to be canceled.
The central legal point established in the judgment is the validity of degrees obtained through distance education and the recognition of universities as deemed Universities by the State authorities.
The Court held that the non-production of a certificate or proof of eligibility at the time of document verification does not necessarily disqualify a candidate if the candidate is otherwise eligible....
The recognition of degrees obtained through distance education and the adherence to eligibility criteria for government posts.
Point of law: it is always permissible for the authority not to perpetuate illegality once having been noticed and here in the instant case, from the initial stage itself, before allowing the petitio....
The possession of necessary certificates before the cut-off date is essential, and there can be relaxation in the matter of submission of proof.
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