Petitioner challenged rejection from Headmaster post due to lack of District Education Officer counter-signed experience certificate. Court dismissed writ petition, holding petitioner negligent as she applied for endorsement after the application deadline.
Writ petition dismissed; pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8943/2022
Archana Shekhawat D/o Bhavani Singh, Aged About 39 Years, Resident Of Anandpuri, Ward No. 15, Maharoli Mode, Village Maharoli, Via Reengus, District Sikar (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Suresh Kumar Dhenwal For Respondent(s) : Mr. S.S. Raghav, AAG Mr. M.F. Baig
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
02/11/2022
Instant writ petition has been filed by the petitioner with the
following prayers:-
“It is therefore, humble prayed that this writ petition may kindly be accepted and allow and call for and examine entire record of the case and;
a) By and appropriate writ order and direction respondents may kindly be directed to respondents to include to the petitioner in the selection process for the
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[CW-8943/2022]
post of Headmaster under advertisement dated 07.06.2021; b) By an appropriate writ, order or direction the respondent No. 5 may kindly be directed to put his counter signature/attested on the experience certificate of petitioner as per condition mentioned in advertisement dated 07.06.2021; c) Any other order or direction which this Hon’ble court deems just and proper may also be passed in favour of the petitioner.”
In pursuance to the advertisement dated 07.06.2021, the petitioner applied for the post of Headmaster (Sanskrit Education) and the last date for submitting the application form was 13th April, 2021.
The grievance of the petitioner is that the respondents have wrongly denied appointment to the petitioner on the ground of not having the experience certificate of five years teaching counter signed by the District Education Officer.
Counsel for the petitioner submits that the petitioner is having the experience certificate of five years teaching, however, it is not counter-signed by the District Education Officer and prayed for allowing the writ petition.
Counsel appearing on behalf of the respondents has opposed the writ petition and submitted that as per terms and conditions of the advertisement, the petitioner is required to have experience certificate of teaching in Government Schools/Private Schools/Central Government Schools duly counter signed by the District Education Officer. Counsel further submitted that admittedly, the petitioner has not submitted the experience certificate of five years teaching counter signed by the District Education Officer along with her detailed application form. Counsel further submitted that admittedly, the petitioner has submitted the application to the District Education Officer for counter singing
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[CW-8943/2022]
the experience certificate on 24.05.2022 (Annexure-8), which is after the last date of submitting the detailed application form, therefore, no illegality has been committed by the RPSC in rejecting the candidature of the petitioner vide order dated 10.06.2022.
Heard counsel for the parties and perused the record.
This writ petition filed by the petitioner deserves to be dismissed; for the reasons, firstly, admittedly, the petitioner has not submitted the experience certificate of five years teaching counter signed by the District Officer along with her detailed application form to the RPSC, secondly, as per the document (Annexure-8) dated 24.05.2022, the petitioner herself applied for counter signing the experience certificate after 10 months of the last date of submitting the detailed application form, lastly, the petitioner herself was negligent in not submitting the counter signed experience certificate along with detailed application form, therefore, under the facts and circumstances, in my view, no relief can be granted to the petitioner under Article 226 of the Constitution of India.
Hence, the present writ petition stands dismissed. All the pending applications also stand disposed of.
(INDERJEET SINGH),J
Upendra Pratap Singh /86
3 issues framed by the court
Whether the writ petition challenging the rejection of candidature due to absence of endorsed experience certificate deserves to be accepted.
Whether the petitioner's delay in obtaining the counter-signed experience certificate after the last application date warrants dismissal.
Whether the petitioner's negligence in not submitting the required document allows any relief under Article 226 of the Constitution of India.
1 provisions across 1 enactments
Archana Shekhawat
State Of Rajasthan
The Principal Secretary, Department Of Education
The Rajasthan Public Service Commission
The Director, Secondary Education
The District Education Officer, Secondary Education, Sikar
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
