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2014 DIGILAW 303 (CHH)

Pemeshwari Chaturvedi v. State of Chhattisgarh

2014-08-11

PRASHANT KUMAR MISHRA

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ORDER 1. Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioner, who has submitted her candidature for selection as Staff Nurse pursuant to the advertisement issued by Divisional Joint Director, Health Services, Raipur Division, Raipur, vide Annexure P-1. In the said advertisement, applications have been invited for filling up 439 posts of Staff Nurse, out of which 200 posts are unreserved and the remaining posts are reserved for S.C., S.T. & O.B.C. categories. Essential qualification for the candidates was mentioned as B.Sc. Nursing or PBBSC Nursing or General Nursing and Senior Midwifery Training Pass with further condition that the candidates should have live registration with the Chhattisgarh Nursing Council and that candidate shall submit duly attested/verified photocopies of the certificates and mark-sheets. 3. The petitioner Pemeshwari Chaturvedi has been declared ineligible on the ground that she did not submit verified/attested mark-sheet of High School Certificate Examination and B.Sc. Nursing or qualifying examination. The petitioner did submit duly attested copies at the time when the claims and objections were invited, however, she was still declared ineligible because the said submission was after the cut off date. 4. It is not the case of the respondents that the petitioner lacks qualification or is less than minimum age or more than maximum age limit. The only flaw is about submission of non-attested copies. In this regard, one cannot lost sight of the recent decision taken by the Central Government doing away with the system of getting the certificates verified/attested from the Gazetted Officer or by the Public Notary. Requirement of submitting duly verified and attested certificates involves longer procedure and most of the time a candidate is required to take undue pain by moving from one office to another for getting the documents verified/attested or making unnecessary expenses for getting the same notarized. 5. In the year 2009 the Second Administrative Reforms Commission appointed by the Union Government had recommended abolishing of requirement of verification by affidavits or by Gazetted Officer. It recommended that instead of requiring the candidates, who appeared in different selection process to submit affidavit or attestation by Gazetted Officers, self certification should be encouraged. This was recommended to bridge governance deficit with the hope that it will benefit the people immensely, as all affidavits not required by law should eventually be done away with. 6. It recommended that instead of requiring the candidates, who appeared in different selection process to submit affidavit or attestation by Gazetted Officers, self certification should be encouraged. This was recommended to bridge governance deficit with the hope that it will benefit the people immensely, as all affidavits not required by law should eventually be done away with. 6. According to an article published in the Economic Times on 09/08/2014, the Department of Administrative Reforms and Public Grievances (for short the DARPG), Government of India has taken a decision, based on presentation submitted by the Secretary to the Government of India, DARPG, that by doing away with the requirement of filing of affidavits and attestation, the State of Punjab has saved Rs.600 Crores annually as monetary cost of getting affidavits. At the same time, the time spent by Government Officials in attesting the documents is used for other official purposes. 7. In the presentation made by the DARPG, based on the experience of Government of Punjab on similar issue by rationalization of affidavits for reforming public service delivery system, it was highlighted that most of the affidavits called for are not required under any statute or under any provision of law, whereas out of 22.68 Lakh services delivered through the Suwidha Centers, approximately 14.8 Lakh pertained to attestation of affidavits, therefore, the Government decided to abolish affidavits which are not required by Statute. 8. Identifying the solution, the DARPG proposed that:- (i) Declarations before Civil Servants are as good as Affidavits. (ii) Application forms were drafted containing an undertaking that facts stated are true and correct to best of his/her knowledge and belief. (iii) Any false declaration before a Civil Servant attracts various penal sections of IPC such as Section 177, 182, 193, 197, 198, 199, 200 & 209. (iv) As far as admissibility of documents under Indian Evidence Act, there is no weightage of affidavits over self declarations. (iv) Replacement of attestation by gazetted officer with self certification by the citizen. (v) Self Attestation of certificates accepted for school, college admissions, employment authorities. 9. On the basis of above proposal/solution, the Central Government has issued a communication dated 02-07-2014 to the Chief Secretaries, which reads as under:- “D.O. No.K-11022/67/2012-AR 02.07.2014 Dear, 1. (iv) Replacement of attestation by gazetted officer with self certification by the citizen. (v) Self Attestation of certificates accepted for school, college admissions, employment authorities. 9. On the basis of above proposal/solution, the Central Government has issued a communication dated 02-07-2014 to the Chief Secretaries, which reads as under:- “D.O. No.K-11022/67/2012-AR 02.07.2014 Dear, 1. Kindly refer to Office Memorandum of even number dated 10 May 2013 regarding abolition of affidavits and promotion of self-certification and my letter dated 1st May 2013 on implementation of recommendations of 2nd ARC wherein the issue of self-certification has also been reflected in the attached format (copies enclosed). 2. Some State Governments like Government of Karnataka, Madhya Pradesh, Meghalaya etc. have adopted the provision of self-certification of documents such as mark-sheet, birth certificate etc. by the applicants/stakeholders. Under the self-attestation method, the original documents are required to be produced at the final stage. 3. You will appreciate that the above procedure is citizen friendly and obtaining either an attested copy or affidavit not only costs money to the poor citizen but also involves wastage of time of the citizens as well as of the Government officials. A presentation on the subject is attached for your perusal. 4. I will request you to kindly review the existing requirements of affidavits and attested copy by Gazetted Officers in various forms in the Departments and Boards/Corporations/ Field offices in a phased manner and wherever possible, make provision of self-certification of documents and abolition of affidavits.” 10. For the foregoing, this Court is of the view that the requirement of submitting duly verified/attested copies of certificates while submitting form for admission or for employment does not serve any useful purpose when a candidate is always required to submit the original documents at the time of counseling/interview/joining. Doing away with this requirement will not only save the time of Government Officers, but it will also save the concerned candidates from unnecessary exercise in moving from one office to other or for going to Courts for getting the documents verified/attested. 11. This Court also deems it appropriate to direct the General Administration Department, Government of Chhattisgarh to issue an order as suggested by the Union Government for rationalization of affidavits/attestation in the interest of members of public at large, within a period of 30 days from today. 12. 11. This Court also deems it appropriate to direct the General Administration Department, Government of Chhattisgarh to issue an order as suggested by the Union Government for rationalization of affidavits/attestation in the interest of members of public at large, within a period of 30 days from today. 12. In the opinion of this Court when the candidate is otherwise qualified or eligible, mere non-submission of attested/verified document should not make a candidate ineligible. Since the petitioner has already submitted duly attested documents at the time of consideration of claims and objections, this petition deserves to be allowed. 13. In the result, the writ petition is allowed. 14. Copy of this order be sent to the Chief Secretary, Government of Chhattisgarh and the Secretary, Department of General Administration, for doing the needful, as indicated above.