Mukesh Kumar Verma v. State Of Jharkhand, Director General Of Police, Government Of Jharkhand, Deputy Inspector General Of Police, Bokaro Range And Superintendent Of Police
2006-05-15
M.Y.EQBAL
body2006
DigiLaw.ai
ORDER M.Y. Eqbal, J. 1. In this writ petition, the petitioner has prayed for issuance of writ of mandamus directing the respondents, particularly, respondent No. 4 the Superintendent of Police, Bokaro, to appoint him in the post of Constable and also allow him to join his duty as Constable in Bokaro Police Force, since the petitioner has been selected after fulfilling all necessary conditions and all the documents were verified for issuance of appointment letter. 2. Pursuant to the advertisement No. 1/2004, the petitioner applied for appointment on the post of Constable from Homeguard cadre. The petitioner was selected and a letter of appointment was issued on 15.4.2005 directing him to appear on 22.4.2005 with all original documents. It is contended by the petitioner that he appeared before the respondent No. 4 with all the original documents including educational certificates. But in course of verification, the petitioner was verbally told that the school certificate issued by the Hindi Sahitya Sammelan, Allahabad will be verified by D.S.E. as to whether it is equivalent to matric or not. The petitioner said to have passed Prathma examination in the year 2000 from Hindi Sahitya Sammelan, Allahabad. The petitioners case is that as per notification of the Government of India, Ministry of Human Resources, New Delhi, Prathma examination from Hindi Sahitya Sammelan, Allahabad is equivalent to matric for the purposes of service. The petitioner, therefore, filed representation (sic) of Police, Government of Jharkhand, but not decision has been taken for issuance of appointment letter to the petitioner. 3. A counter affidavit has been filed by the Superintendent of Police, Bokaro wherein it is stated that the petitioners educational qualification is Prathma certificate issued by the Hindi Sahitya Sammelan, Allahabad. The said certificate was sent for verification to the District Superintendent of Education who vide letter dated 7.5.2005 informed him that the certificate of Prathma granted by the Hindi Sahitya Sammelan, Allahabad is not recognized by the Government of Jharkhand and hence, this certificate cannot be considered to be equivalent to matric. 4. I have heard the learned Counsel appearing for the parties. 5. Admittedly, the petitioner was selected and the provisional appointment letter was also issued, but after verification of the certificates, the petitioner was not finally allowed to join on the ground that the Government of Jharkhand has not recognized the Prathma certificate issued by Hindi Sahitya Sammelan, Allahabad.
4. I have heard the learned Counsel appearing for the parties. 5. Admittedly, the petitioner was selected and the provisional appointment letter was also issued, but after verification of the certificates, the petitioner was not finally allowed to join on the ground that the Government of Jharkhand has not recognized the Prathma certificate issued by Hindi Sahitya Sammelan, Allahabad. In para-10 of the writ petition, it has been categorically stated by the petitioner that by notification of the Government of India, Ministry of Human Resources Development, New Delhi, recognized the certificate of Prathma examination from Hindi Sahitya Sammelan, Allahabad equivalent to matric for the purpose of service. The Government of India, Ministry of Finance, New Delhi and the Reserve Bank of India also recognized the Prathma examination from Hindi Sahitya Sammelan, Allahabad as equivalent to matric. These facts have not been disputed by the respondents-State in the counter affidavit. The learned Counsel for the petitioner also produced before me the letter issued by the Central Hindi Directorate, Ministry of Human Resources Development, Government of India, informing the Director, Rajbhasha Sansthan that the Prathma examination conducted by Hindi Sahitya Sammelan, Allahabad has been extended upto 27.7.2007. It is really surprising that letter was issued by the District Superintendent of Education, Bokaro informing the Superintendent of Police, Bokaro that the Hindi Sahitya Sammelan, Allahabad has not been recognized in the State of Jharkhand. No counter affidavit has been filed on behalf of the State of Jharkhand taking the stand that despite the recognition granted by the Ministry of Human Resources Development, Government of India, the Government of Jharkhand will not recognize the Prathma certificate of Hindi Sahitya Sammelan, Allahabad as equivalent to matric. In that view of the matter, even if there is such letter, circular or notification issued by the Government of Jharkhand, the Prathma examination certificate issued by the Hindi Sahitya Sammelan, Allahabad shall be treated as equivalent to matric certificate. The action of the respondents is, therefore, illegal and wholly without jurisdiction. 6. For the aforesaid reasons, this writ petition is allowed and the respondents are directed to issue appointment letter in favour of the petitioner for appointment on the post of Constable.