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1997 DIGILAW 871 (RAJ)

Puran Mal Gurjar v. State of Rajasthan

1997-07-25

A.K.PARIHAR

body1997
JUDGMENT 1. - Petitioners are seeking appointment on the post of Teacher Grade III in Zila Parishad, Dausa in pursuance to advertisement dated 13.12.1995 and subsequent select list in which names of the petitioners find place. Though, other persons lower in merit in the select list were issued appointment orders, however, the petitioners were not issued appointment letters only on the ground that the Degree of B.Ed. was not verified in time by the concerned Universities. 2. Respondents, in their reply, have submitted that petitioners possessed the B.Ed. Degree from Dr. Ram Manohar Lohia University, Faizabad, and as per the Circular issued by the department if any candidate having the B.Ed. Degree out of Rajasthan, verification of such Degree is necessary and till such verification no appointment letters can be issued. It has further been contended by the respondents that though, the letter was sent to the concerned University for verification of the Degree, however, the same could not be received back till 30th of June, 1996, the date on which the penal was to expire. Though, the penal was further extended upto 30th of August, 1996 and even till then, verification was not received back from the concerned University. The respondents received the said verification only on 2.9.1996 and 12.9.1996. Since the penal had expired, the petitioners could not be given appointments after 30.8.1996. 3. Admittedly, it was for the department to send for the verification of the degree from the concerned University. The candidates have no say in such verification if the department has put such condition and has taken the burden also for getting the verification. The candidate cannot be made to suffer for inaction or delay on the part of the department or the University. In the present case, admittedly, the petitioners were in the merit list and the persons lower in merit have been given appointment. The degree possessed by the petitioners have also been verified from the concerned Universities. The respondents should have taken a lenient view and issued appointment letters to the petitioners once the verification was received by them, even after expiry of the penal since letter for verification was sent to the concerned University way back much before the expiry of penal. 4. Accordingly, the writ petition is allowed. The respondents should have taken a lenient view and issued appointment letters to the petitioners once the verification was received by them, even after expiry of the penal since letter for verification was sent to the concerned University way back much before the expiry of penal. 4. Accordingly, the writ petition is allowed. Respondents are directed to issue appointment letters to the petitioners as per their merit from the date the persons lower in merit have been given appointment. However, it is made clear that petitioners shall be entitled to salary and other monetary benefits from the date of joining only. There will be no order as to costs.Petition allowed. *******