LAWS(RAJ)-2016-12-138

RAMESHWAR DAYAL Vs. STATE OF RAJASTHAN

Decided On December 07, 2016
RAMESHWAR DAYAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Petitioner has preferred this writ petition making the following prayers:-

(2.) The petitioner passed his Secondary School Examination in the year 1982, Higher Secondary in 1984 and Diploma in Physical Education in 1994. Since he was eligible for the post of Physical Education Teacher, he applied for the same in pursuance of an advertisement dt.09/08/1998 issued by respondent no.3. During the verification of documents, the petitioner was found eligible and entitled for being considered for the interview in accordance with the advertisement. However, an objection was raised by Incharge of the Interview Committee regarding name of the petitioner being written as 'Rameshwal Dayal' in stead of 'Rameshwar Dayal' in the marks-sheet of Secondary School Examination, 1982. The petitioner gave his explanation to the authorities but was not allowed to participate in the interview and therefore, he preferred this writ petition challenging the order of denial to participate in the interview by the Interview Committee due to wrong spelling in the name of the petitioner in the marks-sheet of Secondary School Examination, 1982.

(3.) The respondents filed reply to the writ petition and averred that the Sub-Committee, constituted for scrutiny of the petitioner's credentials, had found discrepancies in his application form and the marks-sheet of Secondary School Examination. Thus, the application form was returned on a specific ground that his name, appearing in the marks- sheet of Secondary School Examination, was different from his name mentioned in the application form in pursuance of the advertisement. It was further stated in the reply that name of only those candidates was included in the merit list whose educational and training certificates were found in conformity with the prescribed rules. In light of this, only those application forms were taken on record by the Sub- Committee which were found to be correct and complete. Since the petitioner's name in the marks-sheet of Secondary School Examination was mentioned as 'Rameshwal Dayal' whereas his name in the application form was written as 'Rameshwar Dayal', therefore, the application form was returned to the petitioner.