Citation : 2022 Latest Caselaw 14713 Raj
Judgement Date : 14 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 17025/2022
Meena D/o Kailash Chandra Batwal, Aged About 36 Years, R/o Village Semliya, Post Chogawadi, Tehsil Gangrar, District Chittorgarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Rural Development And Panchayati Raj (Panchayati Raj), Government Of Rajasthan, Jaipur, Rajasthan.
2. Additional Commissioner, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.
3. Chief Executive Officer, Zila Parishad Chittorgarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh Rathore For Respondent(s) : Mr. Kunal Upadhyay associate to Mr. Sunil Beniwal, AAG
JUSTICE DINESH MEHTA
Order
14/12/2022
1. By way of present petition, the petitioner has challenged the
rejection of her candidature during the course of documents
verification.
2. Mr. Kunal Upadhyay, learned counsel associate to Mr. Sunil
Beniwal, learned Additional Advocate General at the outset pointed
out that the petitioner has relied upon a degree of B.Ed wherein
one of the elected subject is Computer Literacy and Educational
Applications (Annexure-3) for the purpose of showing that she
(2 of 3) [CW-17025/2022]
possesses requisite Computer Proficiency whereas, during the very
same period, she has been working as a contractual employee
(during 16.09.2009 to 06.07.2012) which is evident from the
certificate (Annexure-5).
3. It is asserted that when the petitioner was serving the State
as a contractual employee during period 2009 to 2012, it is
difficult to comprehend that how could she pursue a course let
alone a regular course and obtain degree of B.Ed, particularly
when her certificate is dated 01.12.2011.
4. Having highlighted these facts, learned counsel for the
respondents argued that either petitioner's B.Ed degree or the
certificate of experience which she has produced is forged.
5. Mr. Upadhyay relied upon a judgment of Co-ordinate Bench
of this Court rendered in the case of Jaipal Vs. State of Rajasthan
(S.B. Civil Writ Petition No.16632/2022), decided on 15.11.2022
and submitted that petitioner's writ petition deserves to be
dismissed in view of the judgment aforesaid.
6. Heard learned counsel for the parties and perused the
material available on record.
7. A look at the marks-sheet (Annexure-3) issued on
01.12.2011 shows that the petitioner has pursued the B.Ed Course
as a regular candidate from Mohan Lal Sukhadia University,
Udaipur whereas the experience certificate (Annexure-5) shows
her to be working as a contractual employee under MGNREGA
Scheme, Panchayat Samiti Gangrar, District Chittorgarh.
8. This being the position, either of the petitioner's certificate
as a regular candidate or as a contractual employee is forged or
false.
(3 of 3) [CW-17025/2022]
9. In view of the above and following the reasoning given in the
case of Jaipal (supra), the present writ petition is dismissed.
10. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 62-Arvind/-
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