Jeetendra Kumar Pandey S/o Shri Devi Sahai Pandey vs The State of Rajasthan

The present writ petition has been filed under Article

226 of the Constitution of India praying that the respondents be

directed to consider the candidature of the petitioner for

appointment to the post of Gram Panchayat Sahayak and he be

permitted to participate in the selection process.

Mr. Umashankar Pandey, the learned counsel for the

petitioner in the writ petition has made a grievance that since the

petitioner had passed Higher Secondary Examination from other

State than the State of Rajasthan, his candidature is not being

held valid by the respondents. The learned counsel for the

petitioner has submitted that the petitioner had passed Higher

Secondary Examination from the State of Uttar Pradesh.

Mr. S.K. Gupta, the learned Additional Advocate

General on the asking of the court has accepted notice on behalf

of the respondents. Two copies of the petition have been served

upon him.

Mr. Gupta, the learned Additional Advocate General

after going through the contents of the writ petition, submitted

that it is already stand of the respondent that in case the

qualification of the petitioner is equivalent to the qualification

prescribed in State of Rajasthan, the candidature of the petitioner

is to be held valid. The learned Additional Advocate General has

submitted that within one week, the respondents shall verify the

certificate of the petitioner and if they come to the conclusion that

the Higher Secondary Examination Certificate of the petitioner is

equivalent to the Sr. Secondary Examination in the State of

Rajasthan, the petitioner shall be called for interview. Mr. Gupta

further submits that in case the candidature of the petitioner is

not found valid, a reasoned speaking order shall be passed.

A very fair stand has been taken by the learned

Additional Advocate General appearing for the respondents.

Hence, the present writ petition is disposed of, by issuing following

directions:-

a) That the petitioner shall appear before the respondent

authorities and present his original Certificate showing that he has

passed Intermediate/Sr. Secondary Examination.

b) That the authorities shall verify whether the education

qualification obtained by the petitioner is equivalent to the

qualification prescribed in the State of Rajasthan or not. If the

authorities come to conclusion that the petitioner''s qualification is

equivalent, he shall be called for the interview on an appointed

day.

c) That in case, the respondent authorities come to conclusion

that the Certificate of the petitioner is not valid, they shall pass a

reasoned speaking order.

d) The petitioner shall be at liberty to assail the order to be

passed by the respondent authorities in case, his Certificate is

held to be invalid.