[2025:RJ-JP:33538]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S. B. Civil Writ Petition No. 9408/2011

1. Ashok Kumar S/o Shri Brij Mohan, aged about 36 years, resident of Dinnarpura, Post Katradhal, Tehsil Sikar, District Sikar, earlier posted as Junior Accountant (Probationer Trainee) O/o The Accounts Officer (O&M), Ajmer Vidyut Vitran Nigam Limited, Sikar (Rajasthan).

2. Azad Singh S/o Shri Panne Singh, aged about 42 years, resident of Village Chorari(West), Post Bibasar, Via Nua, Tehsil Nawalgarh, District Jhunjhunu, Posted as Junior Accountant (Probationer Trainee) O/o The Accounts Officer (O&M), Ajmer Vidyut Vitran Nigam Limited, Sikar (Rajasthan).

----Petitioners Versus

1. Ajmer Vidyut Vitran Nigam Limited through its Secretary (Admn.), Hathi Bhata, Power House, Jaipur Road, Ajmer (Rajasthan).

2. Ajmer Vidyut Vitran Nigam Limited through its Chief Accounts Officerr (R&C), Hathi Bhata, City Power House, Ajmer (Rajasthan)

3. Magadh University, Bodh-Gaya through its Vice Chancellor, Bihar.

4. Ram Lakhan Singh Yadav College through its Principal, Anishabad, Patna, Bihar.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 11234/2011 Swarth Mal S/o Shri Dhura Ram, aged about 43 years, resident of Village Post Majhau, District Jhunjhunu, earlier posted as Junior Accountant (Probationer Trainee) O/o the Accounts Officer (O&M), Ajmer Vidyut Vitran Nigam Limited, Nagaur (Rajasthan).

----Petitioner Versus

1. Ajmer Vidyut Vitran Nigam Limited through its Secretary (Admn.), Hathi Bhata, Power House, Jaipur Road, Ajmer (Rajasthan).

2. Ajmer Vidyut Vitran Nigam Limited through its Chief Accounts Officerr (R&C), Hathi Bhata, City Power House, Ajmer (Rajasthan)

3. Magadh University, Bodh-Gaya through its Vice Chancellor, Bihar.

----Respondents For Petitioners : Mr. Praveen Balwada Advocate with Mr. Aditya Raj Advocate.

Mr. O.P. Jhajhria Advocate with Ms.

Anu Joshi Advocate.

For Respondents : Mr. Abhishek Sharma Advocate.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

REPORTABLE RESERVED ON :: 20.08.2025 PRONOUNCED ON :: 29.08.2025

1. Since common facts and question of law are involved in both the writ petitions, therefore, they were heard together and are being decided by this common judgment.

2. For the sake of convenience, facts stated in Writ Petition No. 9408/2011 are being taken into consideration.

3. The petitioners have challenged orders dated 14.07.2011 passed by the Secretary (Administration), Ajmer Vidyut Vitran Nigam Limited, Ajmer (hereinafter to be referred as ‘AVVNL’), whereby services of the petitioners have been terminated on account of qualification documents submitted by them at the time of appointment, being found as false and forged.

4. It is stated that the petitioners owned to their credit qualification of B.Com. The respondent-AVVNL issued advertisement for appointment on the post of Junior Accountant. The petitioners participated in the recruitment process and were ultimately selected and extended benefit of appointment on the aforesaid post as Probationer Trainee vide order dated

17.05.2007.

5. After their joining, the petitioners were directed to submit their original educational documents for the purpose of verification. Accordingly, the petitioners submitted their mark sheets of B.Com. and provisional certificates. It has been contended that thereafter, one notice dated 02.02.2009 was issued by the Chief Accounts Officer, AVVNL, Ajmer mentioning therein that the work performance report with regard to work of the petitioners was not satisfactory, therefore, the petitioners were required to submit explanation as to why their services should not be terminated.

6. As per the petitioners, they submitted reply to the notice and ultimately, their work and conduct was found satisfactory. Hence, vide order dated 24.05.2011, their probation was extended for a period of six months.

7. It has been submitted by learned counsel for the petitioner that the respondent-AVVNL raised objection with regard to genuineness of educati