Facts
The applicant, an OBC candidate, applied for the post of Barber at the Military Hospital, Gwalior
Source reference: p. 2Respondent No. 6 (Anil Srivas) was selected and appointed to the post
Source reference: p. 2The applicant challenged this appointment, alleging that Respondent No. 6 secured the position using a forged birth certificate, purportedly changing his date of birth from 06.01.1987 to 05.06.1993 to meet eligibility criteria
Source reference: p. 2In a previous round of litigation (O.A. No. 202/00174/2014), the Tribunal directed the respondents to verify the authenticity of Respondent No. 6’s documents
Source reference: p. 3Consequently, Respondent No. 6’s services were temporarily terminated on 22.07.2017 pending a departmental enquiry
Source reference: p. 3A Board of Officers and the Board of Education verified the 10th-grade marksheet and found it to be genuine
Source reference: p. 3, 4Based on these findings, the respondents issued a speaking order on 31.08.2017 reinstating Respondent No. 6
Source reference: p. 3The applicant filed the current O.A. seeking to set aside the appointment and requesting reconsideration of his own candidacy
Source reference: p. 2Issues
1. Whether the appointment of Respondent No. 6 was obtained through the submission of forged age-related documents
Source reference: p. 52. Whether there is any legal ground to interfere with the respondents' decision to reinstate Respondent No. 6 following a departmental verification process
Source reference: p. 5Law Applied
The court applied the principle that the Class 10th certificate (High School marksheet) serves as the primary and authoritative proof of age for recruitment purposes
Source reference: p. 5the administrative law principle that findings of a duly constituted Departmental Enquiry/Board of Officers regarding the veracity of documents are binding unless proven perverse or procedurally flawed
Source reference: p. 3, 5The court also noted that entries in electoral rolls, often based on oral testimony from uneducated family members, do not override official educational certificates in determining legal age
Source reference: p. 4Reasoning
The Tribunal examined the records of the departmental enquiry conducted pursuant to its earlier order dated 10.07.2017
Source reference: p. 3It observed that the Selection Board and the subsequent Board of Officers specifically scrutinized the 10th-grade marksheet of Respondent No. 6, which recorded his date of birth as 05.06.1993
Source reference: p. 4, 5This date placed him within the prescribed upper age limit for the recruitment
Source reference: p. 5The Tribunal noted that the respondents had followed due process by temporarily terminating Respondent No. 6 and conducting a thorough verification with the relevant Board of Education
Source reference: p. 3, 4Since the verification process confirmed the document's genuineness, the court found no illegality in the speaking order dated 31.08.2017 that reinstated the respondent
Source reference: p. 3, 5The applicant’s reliance on discrepancies in the father's statements or electoral rolls was dismissed, as the official educational record was validated by the competent authorities
Source reference: p. 4Holding
The Tribunal answered the issues in the negative, holding that there was no evidence of forgery or illegality in the appointment of Respondent No. 6
The court found no reason to interfere with the impugned orders passed by the respondents
Source reference: p. 5Consequently, the Original Application was dismissed, and all pending miscellaneous applications were disposed of
Source reference: p. 5No order as to costs was made
Source reference: p. 5Original Court PDF
DILIP SAVITAvsM/o Defence
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