A computer certificate from a foreign institution (Nepal) does not meet the requirement of being "recognized by the Government" under Indian law, as "Government" per Article 12 of the Constitution refers to authorities within India or under its control.

CAV JUDGMENT

Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondent-State.

2. In the present writ application, the petitioner has prayed for the following reliefs:-

“(I)…..For quashing of the order dated 20.04.2023, passed by The Commissioner, Tirhut Division, Muzaffarpur (Respondent No. 2) in PDS Revision Case No. 52/2023, whereby and where under the Respondent No. 2 rejected the petitioner's revision upholding the decision of selection of Sikandar Ansari (Respondent No. 7) for giving PDS license, made by the District Level Selection Committee, without considering the fact that, the petitioner's position was above the Respondent No. 7 in the merit list.

(ii) For directing the respondent authorities to cancel the License of PDS shop issued to the Respondent No. 7, as the selection of Respondent No. 7 for allotment of PDS license has been given illegally by eclipsing the petitioner.

(iii) For directing the Respondent authorities to give the PDS Shop license to the Petitioner, which was denied solely on the ground that, the petitioner's basic computer Degree is of an institution from Nepal, whereas other candidates have been granted License on the basis of Basic Computer degree pursued from Nepal, or even without basic computer degree.

(iv) For issuance of any other appropriate writ, order/orders, direction/directions for which the petitioner shall be found entitled under the circumstances of the case.

4. Learned counsel appearing on behalf of the petitioner submits that pursuant to a press release, the petitioner applied for a PDS licence for the vacant PDS shop in the prescribed format along with the requisite degree/certificate and other required documents enclosing the Basic Computer Degree Certificate as required under the guidelines for issuance of a PDS shop license.

5. Learned counsel for the petitioner contends that the petitioner pursued computer education from the neighboring country of Nepal from Golden Computer Education Centre which is situated in Triveni-6, Raninagar, Nawalparasi, Lumbini, Nepal, and after completion of the computer course, the Centre issued him a certificate dated 22.07.2014, and accordingly, the petitioner enclosed the said certificate along with his application for the PDS license.

6. Learned counsel for the petitioner contends that the respondent-authorities, under the signatures of the concerned authorities, published a list after inviting claims and objections, containing the details of the candidates and their certificates in respect of Bagaha-2, Gram Panchayat- Valmikinagar. In the petitioner's case, it has been mentioned that he had obtained the computer certificate from Nepal and the required land details had not been furnished by him. Learned counsel for the petitioner further stated that thereafter, he submitted the land documents on 09.10.2018, wherein details of 94 decimals of land were furnished, and the same was never in dispute. Learned counsel for the petitioner further submits that the petitioner's name appeared at Serial No. 3 in the merit list with 57.6% marks, and the candidates placed at Serial Nos. 1 and 2 were found ineligible on the ground that they had failed to submit proper documents relating to land. Whereas the petitioner fulfilled all the eligibility criteria, despite that his cand