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2018 DIGILAW 1270 (RAJ)

Shrawan Singh Rathore v. Union Of India

2018-05-14

PUSHPENDRA SINGH BHATI

body2018
JUDGMENT Pushpendra Singh Bhati, J. - The petitioners have preferred these writ petitions, in sum and substance, for the following reliefs :- SBCWP No.5092/2018 "(a) by an appropriate writ, order or direction, the respondents may be directed to allow and consider candidature of the participants having requisite qualification issued by GMVSS. (b) by an appropriate writ, order or direction, the respondents may kindly be directed to appoint participants having requisite qualification issued by GMVSS. (c) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (d) Writ petition filed by the petitioner may kindly be allowed with costs." 2. The petitioners are seeking recruitment through Army rally but have not been allowed to participate on the ground that the certificate of their Boards is not recognized. 3. The petitioners herein have obtained their educational qualification from various Boards. 4. At the outset, learned counsel for the petitioner submits that the equivalence and acceptability of the certificate is reflected in some of the documents. 5. Mr. Sanjeet Purohit, learned Assistant Solicitor General of India, categorically submits that as per record, none of the certificate submitted by the petitioners are having necessary equivalence or approval from either the Central Government or the State Government for the purpose of giving recruitment in Indian Army. 6. Learned counsel for the petitioner submits that the relief regarding recognition/approval/equivalence of the Board may be considered by the respondents in accordance with law. Learned counsel for the petitioner further states that recognition by Council of Board of School Education (COBSE) may not be an impediment in such consideration. 7. Mr. Sanjeet Purohit, learned Assistant Solicitor General of India, assures this Court that objective consideration shall be made regarding equivalence, approval and recognition of the certificates submitted by the petitioners strictly as per the parameters of Union of India without prejudice to the reflections made in Council of Board of School Education (COBSE). 8. 7. Mr. Sanjeet Purohit, learned Assistant Solicitor General of India, assures this Court that objective consideration shall be made regarding equivalence, approval and recognition of the certificates submitted by the petitioners strictly as per the parameters of Union of India without prejudice to the reflections made in Council of Board of School Education (COBSE). 8. In light of the aforesaid submissions, these writ petitions are disposed of with a direction to the respondents to comply with the assurance given by learned Assistant Solicitor General of India that objective consideration shall be made regarding approval, recognition and equivalence of the documents of the various Board certificates submitted by the petitioners for the recruitment in-question within a period of 30 days from today strictly in accordance with the parameters of Union of India and if the respondent comes to a conclusion that the petitioners' qualification is recognized, then appropriate opportunity to participate in the recruitment rally shall be given strictly in accordance with law.