Court No. - 36
Case :- WRIT - A No. - 12364 of 2018 Petitioner :- Vijit Kumar Tomar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sukrampal,Amit Krishna Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
By means of the present writ petition, the petitioner seeks consideration of his candidature for appointment to the post of Village Development Officer with the assertion that he was wrongly denied permission to appear in the interview held on 7.5.2018. With reference to the call letter dated 4.5.2018, it is contended that the petitioner having possessed requisite criteria for consideration to the post in question had appeared in the process of document verification. During the said process, Diploma of Computer Application certificate issued by the Himalayan University was rejected on the ground that it was of a later date than the last date of submission of application form i.e. 10.2.2016.
With reference to the certificate at page '27' of the paper book, it is contended by the learned counsel for the petitioner that the petitioner had participated in the examinations conducted by the concerned University in the month of December, 2015 and had duly cleared the said examination as the result of the same was declared by the University prior to the process of selection.
Page '23' of the paper book is sought to be placed before the Court by the learned counsel for the petitioner to insist upon the Court, that before the last date of submission of application form i.e. 10.2.2016, the result of Diploma of Computer Applications examinations undertaken by the petitioner in the month of December, 2015, had been declared.
However, from a careful perusal of said document, it cannot be ascertained that the result of the said examination was declared prior to 10.2.2016 i.e. and the petitioner possessed the eligibility criteria on the last date of submission of application form.
The Diploma certificate issued to the petitioner is dated 2.5.2018. The mark sheets at page '24' and '25' of the paper book though bears signature of the Controller of Examinations but it does not bear the date of issuance thereof.
In view of the above noted facts, it cannot be said that the petitioner had cleared the examinations conducted by the Himalayan University in December, 2015 for the Diploma of Computer Application, prior to 10.2.2016.
For the above noted facts, this Courts does not find any merit in the submission of learned counsel for the petitioner placing reliance upon clause '6' of the interview letter dated 4.5.2018 which contemplates an altogether different situation.
As per the said clause, a candidate whose result had been declared prior to 10.2.2016 and mark sheets had been issued but the degree of the Course has not been provided to him, could appear in the document verification process with the provisional degree. The petitioner cannot be considered to fall in the said situation.
The writ petition is, accordingly, dismissed. Order Date :- 30.5.2018 Brijesh