Facts
The petitioner’s appointment as a Rojgar Sahayak, made in 2012, was cancelled by order dated 8 May 2024 after discrepancies arose in the verification of his computer-operation qualification.
Source reference: p. 1; pp. 4–5The petitioner maintained that the 50 selection marks were awarded for a computer-operation certificate obtained in 2003–04, not for his engineering degree.
Source reference: pp. 2, 5Bhoj University’s verification records stated that his computer-literacy and school-studies qualification had been passed in 2003–04 and that the certificate information matched the University’s tabulation record.
Source reference: pp. 5–7After the petition was filed, respondent No. 6 constituted a committee, which examined the records and supported the verification.
Source reference: pp. 3, 5–6The petitioner challenged the cancellation under Article 226 of the Constitution.
Source reference: p. 1Issues
1. Whether the cancellation of the petitioner’s appointment was sustainable when the University’s records and subsequent committee report verified his computer-operation qualification as genuine and obtained before the cut-off date.
Source reference: pp. 4–72. Whether the petitioner was entitled to reinstatement and consequential benefits, and, if so, whether those benefits included back wages.
Source reference: p. 8Law Applied
The Court exercised its jurisdiction under Article 226 of the Constitution to review the legality of the cancellation order.
Source reference: p. 1It applied the principle that an administrative decision founded on an incorrect or unsupported factual premise cannot stand when the relevant records establish the contrary.
Source reference: pp. 5–7The Court cited no specific statute beyond Article 226 and no judicial precedent.
Source reference: no citationIn granting consequential benefits, it applied the principle of “No Work No Pay” to exclude back wages.
Source reference: p. 8Reasoning
The Court found that the University’s verification identified the petitioner’s computer-operation qualification as having been passed in 2003–04 and confirmed that the relevant information matched its tabulation record.
Source reference: pp. 6–7It also accepted that the 50 marks were attributable to that certificate, not the petitioner’s engineering mark-sheet, and concluded that the respondents’ contrary position was inconsistent with the record.
Source reference: p. 5The subsequent committee’s review further supported the genuineness of the qualification and the petitioner’s possession of it before the cut-off date.
Source reference: pp. 5–6On that basis, the Court held the cancellation unsustainable.
Source reference: p. 7Holding
The Court quashed the order dated 8 May 2024 and directed the official respondents to reinstate the petitioner with immediate effect and grant the consequential benefits to which he was entitled, excluding back wages under the principle of “No Work No Pay”.
The directions were to be complied with within two weeks of receipt of a certified copy of the order.
Source reference: p. 8Original Court PDF
Shailendra Singh BaghelvsThe State Of Madhya Pradesh
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