Krishna Sharan Sharma vs State of M.P.

P.K. Jaiswal, J.—Heard.

By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for the following direction which reads as under:-

i. Respondents may be directed to send the petitioner on training and the act of respondents of not sending the petitioner to training despite him being selected, be quashed.

Brief facts of the case are that the petitioner has applied for the post of Patwari in the year 2008 as per eligibility conditions of advertisement. As per Clause 1.8 of the advertisement educational qualification, the petitioner is not possessing requisite qualification for appointment on the post of Patwari. The result was declared in 2008 (Annexure P-1). It is submitted that the petitioner has acquired requisite qualification and is having PG Diploma in Computer Application but his result was not declared and, therefore, mark-sheet was not filed by him alongwith the application. It is also submitted that on 26-06-2010 result of the petitioner was declared in respect of Examination of PG Diploma in Computer Application which was held in October, 2009. The petitioner was selected for the post of Patwari but he was not sent for training and, therefore, prays that a writ of mandamus be issued against the respondents.

Return has been filed by the respondents-State. Learned Panel Lawyer for respondents-State submits that as per Clause 1.8 of advertisement educational qualification, the petitioner was not having qualification of PG Diploma in Computer Application from recognized institution. Maulana Azad Institute of Management is not recognized by University Grant Commission and, therefore, in view of Clause 1.8 of the advertisement, petitioner is not entitled for being appointed to the post of Patwari nor he is entitled for being sent to training being imparted for this purpose.

In reply, leaned counsel for petitioner drew my attention to mark-sheet dated 26-06-2010 issued by Jiwaji University, Gwalior in respect of P.G. Diploma in Computer Application (Dist. Education) Exam and submitted that Jiwaji University, Gwalior is a recognized institute. The authority has erred in disqualifying the petitioner on the ground that Maulana Azad Institute of Management who issued certificate of PG Diploma in Computer Application, is not recognized by University Grant Commission.

It is not in dispute that the petitioner applied for the post of Patwari in the year 2008. At the relevant time, he submitted certificate from Maulana Azad Institute of Management which is admittedly not a recognized institute and certificate of PG Diploma in Computer Application submitted by the petitioner was not in accordance with Recruitment Rules and, thus, he cannot claim appointment on the post of Patwari. PG Diploma in Computer Application from Jiwaji University submitted by the petitioner is after the cut off date. As per the aforesaid certificate, result of the petitioner was declared on 26-06-2010. Prior to the date of submission of application i.e. 07-07-2008, the petitioner was not having requisite qualification. No documents have been submitted by the petitioner regarding PG Diploma in Computer Application pertaining to the year 2008. Eligibility criteria/conditions of advertisement needs to be strictly construed and in absence of any provision for relaxation, contention of petitioner cannot be accepted. Since the petitioner was not having requisite qualification on the date of submission of application, he is not entitled for appointment on the post of Patwari. The respondents have rightly not issued letter or sending the petitioner on training.

In view of the aforesaid, the writ petition filed by the petitioner has no merit and is accordingly dismissed, with no order as to costs.