Vasif Ali vs State and Others

Rajendra Menon, Judge

Petitioners were candidates, who had appeared in the Recruitment Process conducted in the year 2011-12 for appointment on the post of Sub-Inspector and Subedar Police. Petitioners claim to be Ex-Army Personnel and submitted certain documents issued by the Army Institute namely Indian Army Certificate and contending that the certificate issued by the Indian Army should be treated equivalent to Graduation Certificate, this writ petition is filed. After taking note of the certificate issued to the petitioners in view of Rule 6 Sub-Rule 6(2)(2-a) of M.P. Ex-Serviceman (Reservation of Vacancies in the State Civil Services and posts Class-III and Class-IV) Rules, 1985 and interpretation of the meaning of the provisions of Rule-6(2)(2-a), the claim of the petitioners was rejected and it was held that the certificate issued by the Army Institute cannot be treated equivalent to graduation and petitioners cannot be permitted to participate in the process of selection.

Even though, Shri Dharmadhikari, learned counsel vehemently argued that in the light of the specific provision as contained in 6(2)(2-a) and discretion of the competent authority, the contention of the petitioner cannot be accepted as learned counsel for the petitioners have brought to the notice of this Court certain orders passed by the Gwalior Bench of this Court, wherein all these questions have been decided in the case of Ramprakash Singh Tomar & Another Vs. State of M.P. & Others in W.P. No. 8252/2011(s) and two other writ petitions. A learned co-ordinate Bench at Gwalior has held that the certificate issued to the Ex-Service Man by the Army Institute is equivalent to that of the Graduation Certificate and the same has to be accepted.

Keeping in view the order passed in the case of Ramprakash Singh Tomar (Supra), I see no reason to take a different view in the matter. Accordingly, this petition is allowed. Respondents are directed to declare the result of the petitioners and if they have secured marks for appointment, claim of the petitioners be allowed.

With the aforesaid, the petition stands allowed and disposed of. Certified Copy as per rules.