Patna High Court
Bechan Paswan vs The Rajendra Agricultural University ... on 25 January, 2024
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12179 of 2014
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Bechan Paswan son of Late Sukhdeo Paswan, resident of E-type room no. 38
RAV Campus, P.O. and P.S.- Pusa, District- Samastipur, presently working in
the office of Vice Chancellor Cell, Rajendra Agriculture University, Pusa,
District- Samastipur
... ... Petitioner/s
Versus
1. The Rajendra Agricultural University, through its Registrar, Pusa, District-
Samastipur.
2. The Vice-Chancellor, Rajendra Agriculture University, Pusa, District-
Samastipur
3. The Registrar, Rajendra Agriculture University, Pusa, District- Samastipur
4. The Chairman, Entomology Department, Rajendra Agriculture University,
Pusa, District- Samastipur
5. The Director Administration, Rajendra Agriculture University, Pusa,
District- Samastipur
6. Ramesh Kumar Chaudhary, son of Late Shivji Chaoudhary, Village-
Mahamadpur, Deopar, Post- Pusa, P.S.- Pusa, District- Samastipur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amaresh Kumar Sinha, Advocate
For the Respondent/s : Mr. Prakash Mahto, Advocate
For the University : Mr. Chandra Mohan Singh, Advocate
For Respondent no. 6 : Mr. Ravi Kumar Pandey, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 25-01-2024
1. Heard learned counsel for the petitioner, learned
counsel for the Rajendra Agriculture University (hereinafter
referred to as the 'University') and learned counsel for the
respondent no. 6.
2. The petitioner has filed the instant application
for the following relief/s:-
"(1) That this is an application
praying for issuance of a writ in the nature
of writ of certiorari or any other appropriate
writ, order or direction for quashing the
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2/7
office order bearing No. 02/10/ Niyukti /
R.A.U, Pusa dated 21.01.2014 / Memo No.
171/R.A.U., Pusa issued by the respondent
no. 5 (as contained in Annexure - 9) whereby
the respondent authorities have directed the
respondent no. 6 to join on the post of Lab
Assistant in pursuance of the Advertisement
No. 01/2012 dated 11.01.2012 and
Corrigendum letter no. 760 dated
28.03.2012
without rejecting /cancelling the
candidature of the petitioner and it is further
prayed for issuance of consequential writ in
the nature of a writ of mandamus or any
other appropriate writ, order or direction
commanding the respondents to issue
appointment letter in favour of the petitioner
and accept his joining in lieu thereof."
3. The case of the petitioner in brief is that the
respondent-University came out with an Advertisement no. 1 of
2012 (Annexure- 3) on 11.1.2012 for appointment on various
posts including the post of Lab Assistant. The petitioner having
requisite qualification applied for the said post, appeared for
interview on 30.1.2013 and his name figures in the final merit
list (Annexure-5) published by the University. However the
petitioner not having been appointed on the post of Lab
Assistant, hence the instant writ application for the relief/s as
stated here-in-above.
4. Learned counsel for the petitioner in reference to
the Advertisement no. 1 of 2012 (Annexure-3) submits that the
Patna High Court CWJC No.12179 of 2014 dt.25-01-2024
requisite qualification for appointment as Lab Assistant was
matric or equivalent and work experience of a minimum of 2
years in a Government or semi-Government institution. In
reference to the merit list it is submitted that though the name of
the petitioner figure at Serial no. 3 against the post of Lab
Assistant, however it was mentioned therein that as there was
some discrepancy in the experience certificates produced by the
petitioner, the same will be inquired into. It is submitted that an
Enquiry Committee was constituted on 21.10.2013 and which
submitted its report on 31.10.2013 (Annexure- B) to the counter
affidavit of the University. In reference to the report of the
Enquiry Committee, learned counsel for the petitioner submits
that the Committee accepted that the petitioner had 4 years
working experience and thus as the requirement was of a
minimum of only 2 years working experience as per the
advertisement, the respondents illegally did not appoint the
petitioner inspite of his name figuring in the merit list.
5. Learned counsel for the petitioner thus the
application be allowed and the petitioner be appointed on the
post of Lab Assistant.
6. Learned counsel for the respondent-University
submits that on discrepancy having been found in the
Patna High Court CWJC No.12179 of 2014 dt.25-01-2024
experience certificates submitted by the petitioner along with his
application, it was clearly mentioned in the merit list that the
same would be inquired into. It was thus that a Committee was
constituted vide office order dated 21.10.2013 (Annexure-A)
and the Committee submitted its report. From perusal of report
with respect to the petitioner, it would clearly be evident that the
certificate given by the petitioner in the year 2008 is incorrect.
Learned counsel for the respondents further submits that the
Selection Committee interviewed the petitioner and
recommended his name for appointment on the basis of the
criteria framed by the Hon'ble Supreme Court. However at the
time of issuing of appointment letter it was detected that the
petitioner had submitted a wrong experience certificate and thus
the appointment letter was withheld.
7. Having heard learned counsel for the parties and
having perused the material on record, this Court finds that the
facts relevant for the instant application is that pursuant to
Advertisement no. 1 of 2012 which was also for appointment on
the post of Lab Assistant, the petitioner filed an application
along with his experience certificates. He appeared for interview
and his name was included in the final merit list (Annexure-5) at
Serial no. 3 which stated that further inquiries would be made in
Patna High Court CWJC No.12179 of 2014 dt.25-01-2024
view of the discrepancies in the experiences certificates
submitted by the petitioner. The Committee constituted for the
said purpose by the University submitted its report dated
13.10.2013 and the relevant part of the report of the Committee
with respect to the petitioner is being reproduced here-in-below
for ready reference :-
"(1) Sri Bechan Paswan has
submitted one experience certificate issued
on 10.03.1999 from Chairman, Deptt. of
Entomology which mentions that he has
completed more than 240 days in 4 years
only (1994-95, 1995-96, 1996- 97, & 1997-
98). As per experience certificate issued in
2008 under the signature of Secretary to
V.C., Sri Paswan has completed 240 days in
6 years. As per earlier certificate he has not
worked during 1990-91 & 1991- 92, but as
per certificate issued in 2008 he has been
shown to have experience in these years also
and mandays shown in 1992-93 & 1993-94
have been shifted to these years. Mandays
shown in other years are also at variance.
(2) As per latest report submitted by
PS to VC, dt. 08.05.2013, Sri Paswan has
completed 240 days in 4 years only, which
was shown in earlier certificate issued by
Chairman, Deptt. of Entomology dt.
10.03.1999. Therefore, 4 years working
experience is correct and certificate given in
2008 is incorrect."
8. Perusal of the report of the Committee with
respect to the petitioner as quoted here-in-above would clearly
show that the petitioner had 4 years working experience against
Patna High Court CWJC No.12179 of 2014 dt.25-01-2024
the requirement of minimum of 2 years working experience in
Advertisement no. 1 of 2012. There is no controversy with
respect to the fact that the petitioner is a matriculate. Thus the
petitioner having the eligible qualifications and his name having
been included in the merit list at Serial no. 3, in the opinion of
the Court should have been appointed on the post of Lab
Assistant.
9. Great stress has been made by learned counsel
appearing for the respondent-University that the other
experience certificate of the year 2008 submitted by the
petitioner as contained in Annexure- 2 was found to be incorrect
by the Committee. It may be observed that the appointment in
question was being done by the Rajendra Agricuture University
and both the experience certificates of the year 1999 and 2008
as contained in Annexures- 1 and 2 to the writ application are
also of the same University. Though the Committee has
observed that the subsequent experience certificate of the year
2008 is incorrect, however there is no whisper to the effect as to
whether the Committee got the experience certificate of the
petitioner of the year 2008 verified by the author of the same.
This Court finds that the said certificate issued by the Head of
Department contains number 731 (BC) RAU. In any view of the
Patna High Court CWJC No.12179 of 2014 dt.25-01-2024
matter, the Committee having come to the conclusion that as per
the certificate dated 8.3.1999 the petitioner had 4 years working
certificate i.e. more than 2 years as required in the
advertisement, the petitioner should have been appointed on the
post of Lab Assistant, his name figuring in the merit list, the
Court finds the merit in the case of the petitioner and the
submissions made by learned counsel for the petitioner.
10. The respondent Rajendra Agriculture
University is directed to issue appointment letter in favour of the
petitioner within a period of four weeks and to accept his
joining on the post of Lab Assistant pursuant to the
Advertisement no. 1 of 2012.
11. The writ application stands allowed with the
above observations and directions.
(Partha Sarthy, J)
Harsh/-
AFR/NAFR NAFR
Uploading Date 29.1.2024
Transmission Date 29.1.2024
