Ashraf vs Union of India and Others

Sudip Ranjan Sen, J.

"The petitioner''s case in a nut shell is that the petitioner in response to the advertisement published in the Employment Notice No. 34303/LRS 12-13/EIB(S) submitted an application in the prescribed format on 24.12.2014 before the office of the respondent No. 3. For the post of Mate(SSK) in OBC category of India. The respondents authorities after scrutiny and verification of the documents of the petitioner found to be complete in all respect that the petitioner has fulfilled all the requisite criteria for the post of Mate(SSK) and to that effect the petitioner was issued admit card for appearing for written examination being admit card/Roll No. 3876 to be held on 10.5.2015 at Kendriya Vidayala Happy Valley (Gorkha Training Centre Shillong-07, Meghalaya). That the admit card No. 3876 which was issued to the petitioner for appearing the written examination for the recruitment for the post of Mate (SSK) was withdrawn by the respondent No. 3 in violation of the principle of natural justice vide impugned letter dated 20.04.2015 intimating the petitioner that during scrutiny of the petitioner document it was found by the respondent authorities that the petitioner''s name does not fall in the short listing/requisite criteria and further the petitioner was debarred from appearing for the written examination for the post of Mate (SSK) scheduled to be held on 10.5.2015. The petitioner being aggrieved by the impugned letter dated 20.04.2015 whereby the petitioner was debarred from appearing for written examination to be held on 10.5.2015 has approached this Hon''ble Court by the instant writ petition."

The instant petition has been moved by Mr. SA Sheikh, learned counsel, who submits that petitioner in response to Advertisement No. 34303/LRS 12-13/EIB(S) applied for the post of MAT (SSK). Subsequently, Admit Card was issued to the petitioner to appear for examination/interview, but, unfortunately for the reasons best known to the respondents he was debarred to sit for the examination. He therefore prayed that immediate order may be issued as the examination is going to be held on 10.05.2015.

Mr. R Deb Nath, learned CGC, appeared and produced the application and bio-data of the petitioner, he submitted that the petitioner tried to mislead the respondents and to sit for the examination. He gave false information by quoting that his percentage in Class X examination was 58.6% whereas in the mark sheet issued by the National Institute of Open Schooling dated 20.9.2010, it shows that he had obtained 45.6 % so it is a clear case of misleading. Hence, the respondent authority was compelled to debar him to sit in the examination.

After hearing the rival submissions advanced by the learned counsel for the parties, and after going through the file which contained the bio-data produced by the learned CGC, I found that in his application form the petitioner has mentioned the marks obtained as 58.6% in Class X examination. Whereas, on perusal of the mark sheet it is found that he has obtained 45.6%.

If it is so I agree with the submission advanced by the learned CGC that the petitioner has misled the respondents with the intention to sit for examination and to get employment which is highly illegal and improper. Hence, I do not find any merit in this instant writ petition. Therefore, the question of issuing notice or any order does not arise and the instant writ petition is dismissed on the ground that there is no merit. I am of the opinion that this is a fit case that cost should be imposed so that in future no one will dare to repeat the same. Let the petitioner pay Rs. 10,000/- as cost and the said cost be deposited with the Registry of this High Court. The Registry in turn shall deposit the said amount to the Director, Social Welfare, Government of Meghalaya, for the purpose of benefit of the Juvenile inmates lodging in the Juvenile Home.

With the above observations and directions this writ petition is dismissed.