Shiv Lal Meena @APPELLANT@Hash State of Rajasthan & Ors

This writ petition has been filed by the petitioner seeking a direction to the respondents to consider the candidature of the petitioner for the post of

Teacher Gr.II, Level-I (TSP Area) pursuant to the advertisement dated 12.4.2018.

It is, inter alia, submitted that the petitioner applied pursuant to the advertisement dated 12.4.2018 for the post of General Teacher, Level-I (TSP

Area), however, the candidature of the petitioner was apparently rejected on account of his having obtained less than 45% marks in senior secondary

and having done his diploma in education (D.Ed.) after taking admission on 2.9.2009, which as per the requirements of the advertisement, if candidate

having less than 45% marks in senior secondary had taken admission in D.Ed. after 31.8.2009, the candidate was not eligible.

It is submitted by learned counsel for the petitioner that the petitioner has obtained a certificate dated 24.7.2018 (Annex.6) from the Principal of the

College indicating that the petitioner had taken admission in D.Ed. on 2.8.2009, which was wrongly registered as 2.9.2009 and, therefore, as per the

requirements of the advertisement as the petitioner is eligible and falls within the cut-off, action of the respondents in rejecting the candidature of the

petitioner deserves to be set aside.

I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

Admittedly, the petitioner had indicated his date of admission in D.Ed. as 2.9.2009 in the application form filled online by him on 27.4.2018 (Annex.3).

Whereafter, he obtained the certificate Annex.5 in this regard from the college on 5.6.2018, which indicates that the petitioner had taken admission on

2.9.2018 in D.Ed. However, it appears that after the candidature of the petitioner was rejected by the respondents, the petitioner obtained another

certificate dated 24.7.2018 purportedly from the same college indicating that petitioner though had taken admission on 2.8.2009, the same was wrongly

registered as 2.9.2009, which is now sought to be relied on by him for claiming himself to be eligible in terms of the advertisement / Rules.

The subsequent certificate obtained by the petitioner is apparently an outcome of afterthought and is suspicious in nature also, inasmuch as, the

petitioner had filled the date of his having taken admission in D.Ed. on 2.9.2009 on his own i.e. without the certificate dated 5.6.2018 (Annex.5), which

was obtained later on from the college, which also indicated his having taken admission on 2.9.2009. Subsequently, he has obtained another certificate

seeking to improve the date from 2.9.2009 to 2.8.2009 apparently to make himself eligible.

A comparison of both certificates as placed on record indicates that the signatures of the Principal on both the certificates are different, the letter-

head also are different, which certificates have been issued within a gap of just about six weeks.

When a specific query regarding the said aspect was put to the counsel for the petitioner, counsel after completing his instructions, could not explain

the said aspect and claimed that both the certificates as genuine, which claim on face of it is baseless.

In view of the fact that petitioner has sought to claim himself to be eligible on an apparently made-up document, no relief can be granted to the

petitioner. Consequently, there is no substance in the writ petition, the same is, therefore, dismissed.