MANMOHAN SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The appellants are the selected candidates, who were granted provisional admission for undergoing B. Ed. Correspondence Course by the Respondent No. 3, Director, Institute of Correspondence Education, University, of Jammu. During the training period the Respondent No. 3 under his letter No. IC/B.Ed./89/7122-29 dated 27-7-1990 communicated to the appellants to collect the Roll Numbers from the Institute in person before 7-8-1990 and while collecting the Roll Numbers the appellants are required to produce duly attested copy of the Certificate of recognition of Sant Mela Singh Public School, Poonch (for short School) and in failure whereof the appellants will not be allowed to appear in the examination. The appellants (writ petitioners) approached the writ Court seeking to quash the Communication dated 27-7-1990 by issuance of writ of Certiorari and further seek a writ of mandamus to permit the appellants to appear in the B. Ed. Examination.

(2.) It is submitted by the learned counsel for the appellants that the Respondent No. 3 issued a Notification inviting applications for admission to the B. Ed. Training Course for the year 1989-90. The appellants amongst a large number of other candidates submitted their applications on the prescribed form. The eligibility for consideration and selection to a Seat for B. Ed. Training Course, according to the Brochure and Prospectus of the Institute of Correspondence Education, University of Jammu for the Session 1989-90 was as under :-"Course No. 3.Admission to the B. Ed. Course is open to such in service teachers as are serving in government/private recognised institutions and to the defence personnel serving in educational branch as have minimum of three years teaching experience to their credit."For appearing in B. Ed. Correspondence Course, a teacher must be serving in Government or private recognised Institute for a minimum period of three years.

(3.) The respondent No. 3 after having considered the applications of the appellants granted provisional admission providing a stipulation that the provisional admission shall be subject to the submission of the documents and the balance dues. One of the document to be submitted was an affidavit to declare on solemn affirmation that the experience Certificate and other documents submitted to the Institute are genuine and correct. The appellants fulfilled this stipulated requirement also. During the period the appellants were undergoing Training Course, the respondents in order to verify and test the genuineness and authenticity of the Certificate furnished by the appellants addressed a communication to the DEO. Poonch as to whether the School is recognised by the Government under his No. CE/90/443 dated 21st of July, 1990 informed the Respondent No. 3, University Authorities, that the School is an un-recognised Institute and the Certificates issued under the seal and signatures of the ZEO/DEO Poonch or countersigned from his office may be treated as cancelled. Upon discovering this fact, the respondent No. 3 issued communication dated 27-7-1990 stating that in case appellants fail to produce the requisite Certificate, they shall not be allowed to appear in the examination. Admittedly, the appellants could not produce the Certificate and approached the writ Court presenting SWP No. 630 of 1990 seeking to quash the communication dated 27-7-1990.