Suresh Kumar Gurjar S/o Shri Dharam Singh Gurjar v. State Of Rajasthan, Through Principal Secretary, Higher and Technical Education Department
2024-01-15
ARUN MONGA
body2024
DigiLaw.ai
ORDER : 1. The grievance of the petitioner herein is against the non-consideration of his work experience certificate issued by NREGA, Sawai Madhopur for the posts of Assistant Professor and Associate Professor, on the ground that he submitted it belatedly. He contends that he applied on time but was not provided the certificate due to the ongoing elections in the State at the relevant time, and thus he should not be subjected to adverse consequences regarding the delay. 2. The brief relevant factual narrative, as pleaded, is as follows:-2.1. The Office of MBM University, Jodhpur published an advertisement for appointments to the posts of Assistant Professor, Associate Professor, and Professor. The petitioner, being eligible for the positions of Assistant Professor and Associate Professor, submitted an online application before the last date, i.e., 18.11.2023. 2.2. The petitioner submitted all the requisite documents except the experience certificate issued by the Panchayat Samiti, Sawai Madhopur. The petitioner could not provide the certificate as the concerned officer was not available at the time due to the state elections. 2.3. The petitioner possesses the experience certificate, making him eligible for bonus marks for the relevant post. There is a strong possibility that if the petitioner's experience certificate is considered, he would be selected. Therefore, the petitioner submitted a representation to the Registrar, MBM University, on 22.12.2023, requesting acceptance of the experience certificate. However, the authority has not yet considered the same, leading to this writ petition. 3. Heard. 4. Learned counsel for the petitioner submits that the fault of non-submission of the experience certificate was not on the part of the petitioner. He could not obtain the certificate due to the ongoing elections in the State at the relevant time. Therefore, the respondent authorities must consider it. He further submits that if the certificate is considered and the petitioner is granted the applicable bonus marks, there is a likelihood that he would be selected for the relevant post. He thus prays for the issuance of a direction to the respondent authorities to consider the petitioner's experience certificate. While on the other hand learned counsel for the respondents would argue that petitioner cannot be allowed to submit the work experience certificate belatedly. 5.
He thus prays for the issuance of a direction to the respondent authorities to consider the petitioner's experience certificate. While on the other hand learned counsel for the respondents would argue that petitioner cannot be allowed to submit the work experience certificate belatedly. 5. Having heard the rival contentions, I am of the view that the conduct and stand of the respondents are rather too harsh, and, in any case, the delay in the petitioner submitting the work certificate is not attributable to him but due to the peculiar circumstances, as enumerated above. 6. It is clearly borne out from record that owing to the impending elections at the relevant time, even though the petitioner approached the competent authority on time for the issuance of the work certificate, his request was kept pending due to the elections. 7. In the premise, the writ petition is disposed of with a direction to the respondents to provisionally consider the work certificate submitted by the petitioner in accordance with the law. The benefit thereof should be accorded to him upon verification of the veracity and genuineness of the same. The petitioner shall not be non-suited on the ground of the delay caused in submitting the certificate, as stated, the same was not attributable to him. 8. Pending application(s), if any, shall also stand disposed of.