DEVENDRA PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the petitioner has challenged the order dated 28.6.2012 (Annexure P-1), whereby his appointment order is cancelled by the respondents. The petitioner was appointed by order dated 29.2.2012 (Annexure P/7). The said appointment order is cancelled by impugned order.

(2.) SHRI D.K.Katare, learned counsel for the petitioner submits that earlier the petitioner filed Writ Petition No. 2975/2010 before this Court. The said petition was decided on 14.12.2010 (Annexure P/6) and it was held that one year diploma certificate in computer application issued by Dr.C.V. Raman University, Bilaspur is valid one. Accordingly, by giving opportunity to verify the genuineness of the certificate the petitioner was permitted to participate in the training and consequently his appointment order was passed. He submits that impugned order is bad in law because it runs contrary to 2007 (4) MPLJ 77 (Nikhil Kumar Godha vs. State of MP). The impugned order is attacked on yet another ground that the petitioner's qualification is prior to cut off date and respondents have erred in rejecting it by treating it to be after cut off date, i.e., 7.7.2008. He placed reliance on the certificate, Annexure P-5, and submits that it is clear from the marksheet that it is for the session July 2007 to June 2008 and, therefore, it is much before the cut off date. Lastly, it is alleged that the petitioner was appointed by Sub-Divisional Officer and, therefore, termination by Collector is impermissible because the Collector was appellate authority.

(3.) IN the first round of litigation (Annexure P-6) the question was totally different. The question was regarding recognition of a particular University. Thus, this Court opined on that issue only. The question of cut off date etc. was not the question in the said litigation. In fact the question regarding cut off date is decided by a Division Bench of this Court in Writ Petition No. 2871/2010 (S) (Ajay Pratap Singh Parihar vs. State of MP). In the said case the Division Bench held that circulars dated 27.7.2009 and 26.8.2009 do not extend the cut off date for acquiring the eligibility of educational qualification. It is further held that "circulars only permit such candidates to submit the degree or diploma certificates issued under the seal and signature of the University". A bare perusal of the said judgment would show that the date of issuance of certificate is relevant. By applying the said principle in the present case would show that the date of issuance of marksheet in the case of petitioner is 17.10.2008. Thus, merely because the said certificate is issued for the session of July 2007 to June 2008 would not mean that the cut off date would be prior to issuance of the certificate. In other words, it is the date of issuance of the certificate which is to be tested on the anvil of cut off date prescribed in Ajay Pratap Singh Parihar (supra). The cut off date is 7.7.2008. Consequently, this contention of Shri Katare is devoid of substance that the petitioner's certificate is prior to the cut off date. At the cost of repetition, it is held that duration of session has no relevance for determining the cut off date, rather it is the date of issuance of the certificate which will decide the eligibility of a candidate.