PARAMHANS SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Interpretation and/or application or Section 11 or The Central Reserve Police Force Act, 1949 (CRPF for short) is in question in this writ petition which has been filed by the petitioner questioning an order of removal of service dated 28th September 1994.

(2.) The basic fact of the matter is not in dispute.

(3.) The petitioner was appointed as a Constable in Central Reserve Police Force. The educational qualification required for appointment to the said post was class XI. A certificate was submitted by the petitioner to that effect. However, at the relevant point of time, he was studying in class XI. The petitioner subsequently was promoted to the posts of Havaldar and Sub Inspector. He was not permitted to sit in the G.D. departmental examination for his further promotion on the ground that at the relevant time, he was only studying in class XI and, thus, did not have the requisite qualification. The petitioner made three attempts to appear at the said examination but he was not allowed to do so. However, in an examination held in the month of October 1991, he was permitted to appear and allegedly came out successful. However, it was discovered that the petitioner had not submitted his matriculation certificate. It was further discovered that even for the purpose of promotion to the post of Sub Inspector, the petitioner was required to produce the said certificate.