R RUBAN Vs. CHAIRMAN STAFF SELECTION COMMISSION

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to challenge an order, dated 15.12.2009 issued by the third respondent. By the aforesaid order, the petitioner was informed that on the basis of an undertaking given by him on 22.7.2009, he was allowed to attend the Physical Efficiency Test on condition that he would provide the proof for having qualified the Degree as on the crucial date of the examination, i.e., 04.07.2008. Since the proof was not produced, his examination was treated as cancelled as he did not possess educational qualification as on the crucial date as per the notice of the examination and that his interview call letter was also directed to be cancelled. Challenging the same, the writ petition came to be filed.

(2.) WHEN the matter came up on 23.12.2009, this court directed notice to be issued to the respondents and also to keep one post vacant. Subsequently, when the matter came up on 20.1.2010, the writ petition was dismissed for want of prosecution. On an application being filed in M.P.No.1 of 2010, it was restored to file. On notice from this court, the respondents have filed a counter affidavit, dated 27.2.2011.

(3.) THE counsel for the petitioner produced a copy of the letter, dated 22.12.2009 issued by the University stating that the petitioner was qualified in April, 2008 examinations and that his degree certificate will be issued after conducting Convocation. It is seen from the notification issued by the Staff Selection Commission that the educational qualification was indicated as on 4.7.2008 as graduation in any stream from the recognized University. As per Note 1, candidates who are not Graduates are not eligible and need not apply for the post. As per Note 2, if the claim of educational qualification is proved to be wrong, then the selection will be cancelled.