Anju Bairwa vs RPSC and Others

Munishwar Nath Bhandari, J.—Notices have been accepted by the learned counsel for the respondents as the issue involved in the present matter has already been decided by this Court after hearing learned counsel for both the parties. It is a case pertaining to appointment to the post of Headmaster (Secondary Education). The controversy pertains to denial of counter signature on experience certificate by District Education Officer (for short "DEO"). The experience certificate is required for eligibility.

It is stated that petitioner is having required experience along with certificate, however, it has not been counter signed by the DEO for want of certain documents pursuant to the Circular dated 16.06.2008. The aforesaid Circular was considered by this Court in the case of State of Rajasthan v. Suraj Mal & Ors. in D.B. Civil Special Appeal (Writ) No. 05019/2011 decided on 01.08.2011. In the case supra, certain conditions of the Circular dated 16.06.2008 were held illegal. Those conditions were for submission of documents to prove previous employment to show experience. The Court was of the view that documents like attendance register, appointment order and proof of payment of salary cannot be demanded, though the Court permitted the department to make verification of previous employment and if documents are found to be forged then to take action. Similar benefits have been prayed in this writ petition also.

Learned counsel for the respondents submit that documents required pursuant to the Circular dated 16.06.2008 are nothing but to show previous employment and experience of the candidate. It is accessible to the every candidate yet they are not submitting it. In absence of such document, verification is not only become difficult but it delays the process of appointment. In few cases, experience has been gained by the petitioners in the institutions in three districts, thus it is to help the petitioner''s so as the respondents that certain documents were called for counter signature on experience certificate.

I have considered the submissions made by learned counsel for the parties and perused the record.

The petitioner submitted experience certificate for its counter signature by the DEO. It was refused for want of certain documents to show previous employment. The experience is otherwise required for the post of Headmaster (Secondary Education). The petitioner has been selected but appointments is not given for want of counter signature on the experience certificate.

I find that issue aforesaid has already been decided by the Division Bench of this Court in the case of Suraj Mal Jat (supra). Therein, the conditions for submission of certain documents to prove previous employment and experience was struck down. Accordingly, I am unable to take different view. The ratio propounded in the case of Suraj Mal Jat (supra) would apply to this case also, though the posts may be different.

The fact, however, remains that appointment to the candidate is subject to fulfillment of required qualification, which includes experience. The counter signature on the certificate was not made by the DEO for want of certain documents like attendance sheet, appointment order and proof of payment of salary etc. The counter signature cannot be denied on the aforesaid ground but there cannot be a compulsion on the DEO to counter sign the experience certificate unless it is verified, therefore, while applying the judgment in the case of Suraj Mal Jat (supra) in this case also, the respondents would be at liberty to get verification of experience certificate at their own and if need be, by nominating an Inspector.

The exercise aforesaid may be undertaken by the respondents at the earliest so that petitioner/s, who are selected and are having genuine experience certificate may immediately be given appointment. In case, the experience certificate is found to be fake or candidate has not actually gained experience, his candidature can be rejected. Accordingly, the respondents without calling for the documents from the candidate/s, as directed in the Circular dated 16.06.2008, will get verification of the experience at their own and if on verification, certificate is found to be genuine, to give appointment forthwith to the selected candidates.

It is further directed that institutions from where petitioner''s has gained experience will supply required document/information to the respondent department.

The exercise aforesaid may be undertaken by the respondent within a period of three months from the date of receipt of copy of this order.

In view of the prayer made, till verification of experience certificate comes, the candidature of the petitioner''s would not be rejected. With the aforesaid, the writ petition is disposed of so as the stay application.