Allowed

Pankaj S/O Rai Singh v. the State of Rajasthan

Rajasthan HC19 Aug 2023CW/658/2023

Case brief

AI extract

What is this about?

This court allowed a writ petition dismissing the rejection of the petitioner's candidature for a Live Stock Assistant post due to non-production of an earlier disability certificate. The court held that the error was bona fide and directed the board to consider the petitioner's qualification on merit.

What did the court decide?

Petitioner granted liberty to submit original 2019 disability certificate; Selection Board directed to consider it subject to genuineness verification and then evaluate candidature on merits.

Pankaj S/O Rai Singh Vs the State of… — Labour and Industrial Disputes | Rajasthan HC (2023)

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[2023:RJ-JP:18334]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 658/2023

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Pankaj S/o Rai Singh, Aged About 22 Years, R/o Quarter No. 121, 2Nd Floor, Income Tax Colony, Jyoti Nagar, District Jaipur, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Principal Secretary, Department Of Animal Husbandry, Govt. Secretariat, Jaipur (Raj.).

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The Rajasthan Subordinate And Ministerial Staff Selection Board, Jaipur Through Its Secretary, Rajasthan Agriculture Management Institute Premises Durgapura, Jaipur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Vigyan Shah For Respondent(s) : Ms. Priyanka Pareek Mr. Nalin G. Narain

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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19/08/2023

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Petitioner has filed instant writ petition feeling aggrieved by rejection of his candidature for consideration on the post of Live Stock Assistant in LD/CP Category (in addition OBC Non-creamy Layer) and non considering his Disability Certificate dated 19.08.2019 (Ann.5) showing 42% temporary physical impairment in relation to his left lower limb followed by the Disability Certificate dated 01.08.2022 (Ann.R/2/2) of bench mark disability of 42% permanent physical impairment in relation to left lower limb part of the body.

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(2 of 5)

Heard learned counsel for both parties and perused the material available on record.

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It is not in dispute that the petitioner participated in the present recruitment for Live Stock Assistant Direct Recruitment2022 in the category of LD/CP (in addition, OBC Non-Creamy Layer) and scored 28.8749%. As per the final result dated 19.12.2022 declared by the Staff Selection Board, the last cut off marks for LD/CP Category was declared as 27.7989%, thus, petitioner is higher in merit than the last cut off marks.

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The issue is that the petitioner submitted his permanent Disability Certificate dated 25.07.2022 and digitally signed certificate dated 01.08.2022 before the Selection Board at the time of document verification but could not produce his previous Disability Certificate dated 19.08.2019 of temporary physical impairment and since the Disability Certificate dated 25.07.2022/01.08.2022 was post dated to the last date for submission of Online application form in the present examination i.e. 17.04.2022, therefore, the permanent disability certificate of petitioner was not taken into consideration, to consider the petitioner’s candidature in LD/CP category.

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Learned counsel for the petitioner is fair enough in accepting that due to one or other reason, it is bona fide error on the part of petitioner for not producing his Disability Certificate dated 19.08.2019 (Ann.5) which is obviously prior to the present recruitment-2022 and if the petitioner would have been produced this certificate, though for temporary physical impairment upto the 42% but such certificate is sufficient to consider the candidature of petitioner in LD/CP Category, because the Act of 2016 does not

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recognize any difference between the disability being temporary/permanent. As far as disability of petitioner is concerned, same is incurable, therefore, the Disability Certificate dated 19.08.2019 which was/is already in possession of petitioner, may be ordered to be considered by the Selection Board coupled with the permanent disability certificate dated 01.08.2022 and his candidature may be ordered to be considered on merits.

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Learned counsel for the Selection Board pointed out that the petitioner never produce his Disability Certificate dated 19.08.2019 before the Selection Board at the time of document verification and only produced his disability certificate dated 25.07.2022 and later on, the Disability Certificate dated 01.08.2022 as reflected from the list of documents annexed with the reply. However, counsel for Selection Board states that in case, this Court issue any direction to consider the Disability Certificate of petitioner dated 19.08.2019, same would be considered subject to its genuineness/validity for the post in question.

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Having heard learned counsel for both parties, it has transpired that all the post of Live Stock Assistant in LD/CP Category has still not filled and vacant post in this category is available, hence if the candidature of petitioner is directed to consider in LD/CP Category for the post in question on the basis of his Disability Certificate dated 19.08.2019, no third party rights would be affected in the present selection process, more so when petitioner stands higher in merit than last cut off marks in the final result dated 19.12.2022.

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This Court finds that the error on the part of petitioner for non-production of the Disability Certificate dated 19.08.2019

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(4 of 5)

before the Selection Board at the time of document verification seems to be a human, much less bona fide error for one or other reason. To err is human and to forgive is divinity. The law permits forgiveness for the bona fide human errors, when no third party rights are breached nor process of law is adversely affected or prejudiced in any manner. On facts of present case, petitioner was in possession of Disability Certificate dated 19.08.2019 at the time of document verification and still vacant post of Live Stock Assistant in category of LD/CP against recruitment 2022 is available as much as petitioner stands higher in merit in this category, then the last cut off determined by the Selection Board in the last result dated 19.12.2022.

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This is a case where petitioner is already in possession of Disability Certificate dated 19.08.2019 and claim his entitlement for consideration of his candidature in LD/CP Category but he could not place on record this certificate before the Selection Board, though counsel for the petitioner orally argued that photo copy was produced but it is not required to enter into such factual disputes, in view of accepting bona fide error by the petitioner, therefore, following the ratio decidendi as expounded by the Apex Court in case of Dolly Chhanda Vs. JEE [(2005) 9 SCC 779] , followed in case of Food Corporation of India Vs. Rimjhim [(2019) 5 SCC 793] , it would be in the interest of justice to forgive the bona fide error on the part of petitioner and to direct the Selection Board to consider his Disability Certificate dated 19.08.2019, to consider the candidature of petitioner for appointment in LD/CP Category.

(5 of 5)

[2023:RJ-JP:18334]

[CW-658/2023]

Had disability certificate dated 19.08.2019 been presented, certainly the petitioner being in higher in merit could have been considered for appointment on the post of Live Stock Assistant in LD/CP Category, however it is within the jurisdiction and power of the Selection Board to assess the genuineness/validity of the Disability Certificate dated 19.08.2019 and subject to that respondent-Selection Board may consider the candidature of petitioner on merit.

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As a final result, this Court deems it just and proper to dispose of the instant writ petition with liberty to petitioner to submit original Disability Certainly dated 19.08.2019 before the respondent-Selection Board within a period of two weeks from today and the Selection Board shall consider this Disability Certificate dated 19.08.2019 subject to verification of its genuineness/validity and then the candidature of petitioner shall be considered on merits for appointment on the vacant post of Live Stock Assistant in LD/CP Category pursuant to the Recruitment-2022. The exercise be done within a period of six weeks thereafter.

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With aforesaid directions, the writ petition stands allowed. 13. Stay application, application for vacation of stay order dated 13.01.2023 and other pending application, if any, stand disposed of.

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(SUDESH BANSAL),J

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TN/118

Pankaj S/O Rai Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pankaj S/O Rai Singh v. the State of Rajasthan

Case brief

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What did the court decide?

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