An experience certificate validated by court judgments cannot be negated by an employer, nor can a pending criminal case impede employment eligibility.

JUDGMENT

This litigation has a fair share of history to it, but I do not propose to speak laboriously on the same.

2. Compendiously, the petitioner was appointed as a Principal in the 2nd respondent – Society (hereinafter referred to as SI-MET), but her contract was terminated on an allegation that her certificate of Experience obtained from an Institution called ‘Dr.M.V.Shetty Institute of Health Sciences’, Mangalore, (hereinafter referred to as ‘M.V.Shetty Institute’ for ease), was fraudulent, since she could not have worked there for a period of five years between 08.07.1998 to 11.06.2003, when she was simultaneously working as a Staff Nurse in the Government service.

3. To cut the story short, the petitioner’s termination was challenged by her before this Court, which culminated in Ext.P3 judgment dated 10.04.2015, wherein, after assessing her explanation made to the SI-MET as to how she was able to obtain the Certificate of Experience from ‘M.V.Shetty Institute’ while working as a Staff Nurse in the Government service, a learned Judge of this Court declared affirmatively in paragraph 19 thereof that ‘I see no reason to discard the explanation offered by the petitioner’.

4. Pertinently, the explanation offered by the petitioner was also extracted in the judgment in paragraph 10 thereof which is ut infra:

"At the time of joining the B.Sc Nursing course in 1996, petitioner executed a "SERVICE BOND" with Dr.M.V.Shetty College of Nursing, Mangalore. But taking note of the fact that the petitioner got a Government job immediately before completing the B.Sc Nursing course, M.V.Shetty college authorities were kind enough to permit the petitioner to complete the one year "SERVICE BOND" period at the convenience of the petitioner, without any break in her Government service, which, as a matter of fact, spread over an intermittent period of 5 years, that too, without any monetary benefits whatsoever. They were also kind enough to temporarily release her original certificates at the time of interview for appointment to the post of staff Nurse in Government Hospital, Nilambur in July 1998. Since as a matter of fact, petitioner's one year "SERVICE BOND" period could be completed intermittently within a span of 5 years, M.V.Shetty College authorities issued an experience certificate of Assistant lecturer showing the entire period of 5 years (8.7.1998 to 11.6.2003)."

5. Ineluctably, therefore, this Court had granted approval to the explanation of the petitioner as to how she obtained the Certificate of Experience from 'M.V.Shetty Institute' and this judgment was granted full imprimatur by a learned Division Bench of this Court in Ext.P4, delivered in an appeal filed by the petitioner herself.

6. Crucially, in Ext.P4 judgment, the learned Division Bench, after holding that the findings of the learned single Judge was without error and fully justified, recorded that "this case presents a classic illustration of the mode in which the Principal of the College was treated", thus directing the respondents in the manner below in unmistakable terms:

" 7. In view of the aforesaid, even though we cannot grant relief of reinstatement to her, we would make it clear that if in future, there is fresh recruitment, either permanent, temporary or contractual or for extension of service, the writ petitioner/appellant would have the rights to apply and to be considered and Ext.P20 will not come in her way. No part of Ext.P20 can be used to deny her employment. To this extent we modify the order of the learned single Judge."

7. The petitioner says that, based on the liberty offered to her through Ext.P4 judgment, and when a vacancy arose subsequently - which was notified by the respondents through Ext.P15 notification. A calling for applications for appointment to the post of Principal - she applied, which was responded by the 2nd respondent through Ext.P16 dated 09.05.2019, stating that her Experience Certificate cannot be accepted and also that her educational