CAT - Jabalpur

Departmental verification confirming authenticity of educational documents precludes judicial interference with appointment orders.

DILIP SAVITA vs M/o Defence

CAT - JabalpurJUDGMENT: March 19, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, an OBC candidate, applied for the post of Barber at the Military Hospital, Gwalior

Source reference: p. 2

Respondent No. 6 (Anil Srivas) was selected and appointed to the post

Source reference: p. 2

The 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. 2

In 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. 3

Consequently, Respondent No. 6’s services were temporarily terminated on 22.07.2017 pending a departmental enquiry

Source reference: p. 3

A Board of Officers and the Board of Education verified the 10th-grade marksheet and found it to be genuine

Source reference: p. 3, 4

Based on these findings, the respondents issued a speaking order on 31.08.2017 reinstating Respondent No. 6

Source reference: p. 3

The applicant filed the current O.A. seeking to set aside the appointment and requesting reconsideration of his own candidacy

Source reference: p. 2
02

Issues

1. Whether the appointment of Respondent No. 6 was obtained through the submission of forged age-related documents

Source reference: p. 5

2. 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. 5
03

Law 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. 5

the 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, 5

The 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. 4
04

Reasoning

The Tribunal examined the records of the departmental enquiry conducted pursuant to its earlier order dated 10.07.2017

Source reference: p. 3

It 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, 5

This date placed him within the prescribed upper age limit for the recruitment

Source reference: p. 5

The 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, 4

Since 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, 5

The 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. 4
05

Holding

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. 5

Consequently, the Original Application was dismissed, and all pending miscellaneous applications were disposed of

Source reference: p. 5

No order as to costs was made

Source reference: p. 5
CAT - Jabalpur

Original Court PDF

DILIP SAVITAvsM/o Defence

CAT - Jabalpur · March 19, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment