AMLOK SINGH & ANR. Vs. MADAN LAL

JUDGEMENT

(1.) These two appeals* under Clause 12 of the Letters Patent are directed against judgment and order dated 13.12.2010 rendered by the learned Single Judge of this Court, in SWP no. 208 and 209 of 2010. With the consent of learned counsel for the parties, LPASW no. 122/2011 is formally admitted and taken up for final disposal with the admitted appeal, namely, LPASW no. 123/2011. When the matter came up for motion hearing the operation of the judgment was stayed by order dated 12.10.2011.

(2.) Brief facts of the case may first be re-visited in order to put the controversy in its proper perspective. The appellant- State issued an advertisement notice dated 07.02.2009 inviting applications for appointment to the post of Constable. The criteria for physical standard and award of marks of basic qualification was also published in the advertisement notice (Annexure A). It would be appropriate to extract the criteria as published in the Press, which reads as under:-

(3.) The writ petitioner-respondent- Ravinder Singh applied and placed on record Diploma in Computer Applications issued by Global Institute of information Technology which is said to be a Unit of Akaar Educational Society (Annexure C). He did not attach any diploma certificate course of Computer software from Antrashtriya Computer Saksharta Abhiyan, (ACSA) study centre Ramban. Tavneer Ahmed, the other writ petitionerrespondent had attached one years Diploma course certificate issued by Asian Institute of Information Technology. The appellant-State and its officers raised a specific objection that the writ petitioner-respondents did not append any recognized diploma with their application form and, therefore, no additional marks as per the criteria disclosed in the advertisement could be awarded. Feeling aggrieved the writ petitioner-respondents filed two separate writ petitions. The learned Single Judge allowed the writ petitions and issued directions to the appellant for taking into account the one years Diploma in Computer software at (ACSA), issued by study centre Ramban, despite the fact that it was produced after the last date fixed for receiving the applications which was 18.03.2009. The reasoning adopted by the learned Single Judge is that the diploma certificate was issued before the cut off date and therefore would deserve to be considered. It has come on record that the Diploma certificate of (ACSA) Study Centre Ramban was received much after the cut off date fixed in the advertisement notice. The view of the learned Single Judge is discernible from the last two paragraphs of the judgment, which reads thus:-