KALU LAL RAO S/O SHRI BANSHI LAL RAO, BY CASTE DHOLI, AGED ABOUT 35 YEARS, RESIDENT OF RAO HOUSE, KULMIYON KA CHORAHA, VALLABHAGAR, UDAIPUR (RAJ.) Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF MINES, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) The petitioner has preferred this writ petition making a following prayer:

(2.) The facts as noticed by this Court are that the petitioner passed the Secondary School Examination from the Board of Ajmer and Senior Secondary School Examination from the same Board. The petitioner's name was Kalu Lal Dholi which he got changed from the Board of Secondary Examination as Kalu Ram Rao. The petitioner applied for the post of Driver with the respondents and being otherwise eligible, he was selected and given appointment vide order dated 30.09.2013 which is Annexure-10 of the writ petition. The respondents gave an opportunity to the petitioner to explain the change of his name in the mark-sheet of the Board. However, since the petitioner could not explain the name in the mark-sheet and the Board denied issuing of any mark-sheet ever on the Kalu ram Rai, therefore, the respondents while applying the Condition No.8 of the Advertisement dated 30.09.2013 (Annexure-10), dismissed the petitioner from service on account of submitting forged documents. The Condition No.8 was that any candidate who has been appointed and furnishes the document which is unlawful shall be attracting cancellation of his appointment.

(3.) The respondents have filed a detailed reply stating that their action was totally based upon Condition No.8 and once the document was forged as per the record of the Board which is respondent No.5 in this writ petition. The respondents were left no other option.