TAILOR BABU LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal from the order of the learned single Judge dated 20th December 2001 in CW.No.3865 of 1999 dismissing the appellant's writ petition.

(2.) The crux of the present case is that the petitioner/appellant had applied for the post of Constable (Tailor) in the Central Reserve Police Force, respondent No.2. The respondent No.1 is the Union of India through the Secretary, Ministry of Defence, New Delhi. The issue Involved in the present appeal is the validity of the 'Prathma' certificate relied upon by the appellant to seek enrolment as an equivalent to matriculation. The appellant had been selected on 30th June, 1992 at a Camp at Delhi by respondent No.2 and the averment in the writ petition by the appellant that at the time of the enrollment the 'Prathma' certificates had been taken and the appellant had only been enrolled after due verification on 25.7.92, was not denied in the counter affidavit. On 2.6.97 proceedings were initiated against the appellant for furnishing false Information at the time of the enrollment. In spite of the appellant producing the certificates from the concerned University that 'Prathama' was recognized as equivalent to High School, the appellant was found guilty of furnishing false information and after about six years of service removed from service by the order dated 22.10.98. This removal was challenged by a writ petition before the learned Single Judge by the appellant and in the Counter Affidavit respondent no.2 tooks the stand that Pratham exam was equivalent to matriculation for Hindi standard only. Before the learned Single Judge, the appellant also placed on record the notification of 27.7.01 of the Central Government to the effect that 'Prathma' certificate had been recognized by the Central Government for the purpose of the posts of which the desired qualification was matriculation but the learned Single Judge dismissed the writ petition without adverting to the said notification of the Central Government dated 27.7.2001.

(3.) The requirements for the post of Constable Tailor, according to respondent No.2, are as under: