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2024 Supreme(Online)(CAT) 11298

CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, Judicial Member, Mohan Pyare, Administrative Member
Pallavi – Appellant
Versus
Union of India – Respondent
Original Application No.217 of 2018



Advocates:
For the Appellants/Petitioners: M.K. Upadhyay, Anil Kumar Singh
For the Respondents: Jitendra Prasad

Rejection upheld for invalid experience certificate lacking authentication, seal and supporting proof despite written exam qualification; strict document verification compliance mandatory per recruitment notice.

Headnote:(A) Staff Selection Commission - Recruitment process - Essential qualification - Two years experience in Quality Assurance in Chemical, Pharmaceuticals or Paints Technology - Applicant qualified written exam but rejected at document verification for inadequate experience certificate lacking signatory name, seal, reference number and supporting proof of employment like remuneration records or identity card - Tribunal held certificate not genuine or compliant with advertisement requirements, dismissing challenge to rejection. (Paras 11, 12)

(B) Document verification - Strict compliance mandatory - Failure to produce proper original experience certificate as per notice terms results in treatment as 'absent'; candidature binding by exam notice provisions that Commission's eligibility decisions final, no subsequent challenge permissible. (Paras 7, 11)

Facts of the case:
Applicant sought quashing of rejection order post written exam success, claiming sufficient experience via certificate from prior employer covering required period in relevant field; scored higher marks than selected candidates amid unfilled vacancies. Respondents rejected for non-production of valid original experience certificate matching essential qualification, treating as absent despite oral extra opportunity.

Findings of Court:
Experience certificate deficient in authentication and corroboration; applicant failed to prove genuine experience meeting advertisement criteria.

Issues: Whether submitted experience certificate valid and sufficient for essential qualification; propriety of rejection despite exam qualification and higher marks.

Ratio Decidendi: Court emphasized substance of qualification requires proper authenticated proof at verification; distinguished cited precedents as factually dissimilar; upheld rejection where certificate lacks essential formalities and supporting evidence, prioritizing notice terms over equity claims.

Result: Original application dismissed as devoid of merit.

Table of Content
1. factual background of recruitment process and rejection (Para 3)
2. applicant's arguments on experience sufficiency and procedural fairness (Para 5 , 9)
3. respondents' defense on strict document verification requirements (Para 6 , 7 , 8)
4. court's scrutiny of certificate genuineness and inadequacy (Para 10 , 11 , 12)
5. dismissal of application due to non-fulfillment of qualifications (Para 13)

ORDER 

Delivered by Hon’ble Mr. Mohan Pyare, Member-(Administrative)

Shri M.K. Upadhyay, learned counsel appearing for the applicant and Shri Jitendra Prasad, learned counsel appearing for the respondents are present.

2. By way of this original application the applicant has sought the following reliefs:-

“(i) Issue a suitable order, writ or direction in the nature of certiorari quashing the impugned rejection order dated 15.01.2018 passed by the respondent no.3 (Annexure no. 1).

(ii) Issue a suitable order, writ or direction in the nature of certiorari, directing the respondents to Hon'ble Tribunal may graciously be pleased to direct the respondents to appoint the applicant on the post of Scientific Assistant (Chemistry) forthwith.

(iii) Issue any other and further writ, order or directions; which this Hon'ble court may deem fit and proper in the facts and circumstances of the case.

(iv) Award the cost of the O.A. to the Applicant.”

3. The brief facts of the case are that the respondent no.1 advertised vacancies vide advertisement no.CR-01/2016 File No. 232/SSC- CR/1-2016- Reett (SP) inviting application from eligible candidates for appointment on the post of Scientific Assistant (Chemistry). The applicant submitted her duly completed application form online and she was allotted Roll Number 1610900101 and Ticket No. 3000270 directing her to appear in the written examination on 16.07.2017 at 8.00 A.M. to 9.30 A.M. at Madhu Vachaspati Inter College, Rajaram Arya Marg, Sulemsarai, Allahabad. The applicant appeared in the aforesaid examination and she was declared successful in written examination, her name finds at S.L. No. 69 in the list of the successful candidates. She was called for document verification vide letter dated 21.08.2017 directing her to appear on 31.08.2017 at 08.30 A.M. at Staff Selection Commission (Central Region) 21-23, Lowther Road Allahabad. The applicant appeared on the schedule date i.e. on 31.08.2017 and her documents were verified and were found correct and genuine in all respect. The name of the applicant did not find place in the selection list. She has obtained 90.50 marks in written examination held on 16.07.2017, while the candidates having lesser marks have been selected. The applicant made representation dated 10.01.2018 to the respondent no.3. The respondent no.3 informed the applicant that since her experience was not as per the prescribed advertisement and as such your candidature has been rejected.

4. Heard the rival submissions of the respective learned counsel for the parties.

5. The counsel for the applicant has submitted her experience certificate which was issued by the managing Director Makesworth Industries Ltd. “Kamalalaya Central", Kolkata dated 30.09.2016 in which it has been clearly mentioned that the applicant has worked there since 02.08.2010 to 01.12.2012 in physico chemical and she is having good character, honest, hard working and dedicated to her profession. The candidature of the applicant has been cancelled only on the ground of non submission of the experience certificate as prescribed in the advertisement. "Two years experience in Quality Assurance in the field of Chemical or Pharmaceuticals or Paints Technology from a recognized organization/undertaking". The applicant is having experience of more than two years from a duly registered Makesworth Industries Ltd, in Physico Chemical instrumental analysis of petroleum items organic and inorganic chemicals and as such she possesses the required experience in Quality Assurance in the field of Chemical or Pharmaceuticals or Paints

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