High CourtsSingle Bench(2018) 07 JH CK 0144

Umesh Prasad Verma vs State of Jharkhand

Jharkhand High Court · Decided on 17 July 2018

HON’BLE JUDGES
SHREE CHANDRASHEKHAR, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (S) No. 849 of 2012

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Judgment

30 paragraphs · 597 words
1.

Initially this writ petition was filed seeking a direction upon the respondents to grant compassionate appointment to the petitioner pursuant to

decision of the District Compassionate Appointment Committee dated 16.07.2010. Through I.A. No.2143 of 2018 the petitioner has assailed the

decision of District Compassionate Appointment Committee dated 18.07.2017 by which he has been declined compassionate appointment on the

ground that the school leaving certificate submitted by him has been found forged.Â

2.

Briefly stated, after death of his father on 13.09.2006 the petitioner submitted an application on 14.11.2006 for appointment on compassionate

ground.             Â

It appears that in its meeting held on 16.07.2010 the District Compassionate Appointment Committee found the petitioner eligible for appointment,

however, when the petitioner was not offered compassionate appointment, he has approached this Court by filing this writ petition. Minutes of the

meeting of District Compassionate Appointment Committee held on 18.07.2017 would reflect that though it was found that the petitioner is eligible for

compassionate appointment, subsequently a decision was taken to withhold the said recommendation; reason disclosed by the respondents for

withholding the recommendation is that a decision was taken to verify the educational qualification certificates submitted by the petitioner. In this

connection notice was issued to him and an enquiry was conducted in the matter. It is pleaded that two school leaving certificates, one issued from

Shree Jharkhand Nath High School, Tara, Giridih and another from K.S.S. High School, Koeridih, Giridih were submitted by the petitioner. The

petitioner has taken a stand that he has never submitted the school leaving certificate allegedly issued from Shree Jharkhand Nath High School, Tara,

Giridih which has been found forged. Insofar as, the school leaving certificate issued from K.S.S. High School, Koeridih, Giridih is concerned, the

learned counsel for the petitioner has referred to letter dated 02.03.2010 issued by the Deputy-Commissioner (Establishment), Giridih and the school

leaving certificate issued to the petitioner. The letter dated 02.03.2010 written to the District Education Officer, Giridih reflects that the certificate

submitted by the petitioner was sent for verification. This letter does not certify genuineness of the school leaving certificate submitted by the

petitioner. The letter dated 07.05.2010 issued by the Block Education Extension Officer, however, refers to the verification of the school leaving

certificate issued by K.S.S. High School, Koeridih, Giridih, but during enquiry this certificate has been found a collusive document.

3.

It is not that school leaving certificate issued from Shree Jharkhand Nath High School, Tara was mischieviously placed in the record of the

petitioner. It has come on record that the school leaving certificate issued from K.S.S. High School, Koeridih, Giridih was submitted by the petitioner

along with his application, whereas another certificate issued from Shree Jharkhand Nath

High School, Tara was submitted by him to the Superintending Engineer at the time of varification of his certificates. In course of enquiry it has been

found that the school leaving certificate issued from K.S.S. High School, Koeridih, Giridih is collusive document because, on examination of the

Admission Register of the said school the Enquiry Committee has found that the petitioner was not admitted in the said school as on 11.01.1996.Â

4.

From the materials produced on record the least that can be observed is that there is serious doubt on the school leaving certificate issued from

K.S.S. High School, Koeridih, Giridih and while so, while exercising the writ jurisdiction no direction can be issued for appointment of the petitioner on

compassionate ground.Â

5.

Finding no substance in the writ petition, it is dismissed.Â