LAWS(RAJ)-2013-7-325

RAMVEER SINGH Vs. STATE OF RAJASTHAN & ORS.

Decided On July 29, 2013
RAMVEER SINGH Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) THE respondents issued an advertisement for the post of Constable. The application was required to be submitted online. The petitioner accordingly submitted application filling up all relevant columns. In the column of "special qualification", he had marked "special qualification in computer application", though on the date of submission of on -line application form, the petitioner was not in possession of aforesaid qualification, rather he was pursuing it. The format does not provide to mark special qualification without being possessed. In view of the above, the petitioner made false declaration while submitting on -line application. Learned counsel tried to justify conduct of the petitioner. At the time of submission of on -line application form, the petitioner was undergoing course and the documents for it were to be submitted at the time of physical test thus petitioner was in hope to complete the course before physical test. The petitioner completed required course of Computer before the physical test thus entitled to one mark towards special qualification.

(2.) I find that while submitting on -line application, one was required to make correct declaration and for that item no. 7 of the application shows that if declaration is found to be false or incorrect, candidature would be rejected. The advertisement no doubt shows that one, who is undergoing required educational qualification, may apply for it and submit the required documents at the time of physical test but similar arrangement does not exist for special qualification. The Rajasthan Police Subordinate Service Rules were amended in the year 1999 whereby even a candidate undergoing required course may apply for the post but with the condition to produce the required certificate on the date of physical test. The similar provision does not exist for special qualification. Looking to the aforesaid and the fact that petitioner made incorrect declaration in the application form and as per item no. 7 below it, his candidature deserves to be rejected. A person cannot mark a column disclosing possession of qualification in anticipation thus if petitioner has not been given one mark, I do not find any illegality in the action of the respondents. The writ petition so as stay application are accordingly dismissed.