Genuineness of educational certificates must be verified from the issuing Board before rejecting compassionate appointment claims.

Applicant No. 1, daughter of a deceased railway employee, applied for an appointment on compassionate grounds.

Her application was rejected via an order dated 21.03.2017 by the Chief Personnel Officer, South Eastern Railway, on the grounds that the educational certificate dated 29.12.1999 (issued by the West Bengal Board of Secondary Education) submitted by her was fake

The applicant contended that she had subsequently obtained a Secondary School Certificate from the National Institute of Open Schooling (NIOS)

The Tribunal initially disposed of the O.A. on 15.03.2019, directing the respondents to verify the 1999 certificate

The applicants filed a Review Application (RA 6/2019) seeking a modification to verify the NIOS certificate instead, which led to this rehearing

1. Whether the respondents’ decision to treat the applicant’s 1999 educational certificate as fake was sustainable given her status as an "external candidate" and her subsequent academic progression

2. Whether the direction for verification should be modified to focus on the NIOS certificate rather than the original 1999 WBBSE certificate

The court primarily functioned under Section 19 of the Administrative Tribunals Act, 1985.

administrative decisions must be based on verified facts and authorized regulations; specifically, it noted that a CPO circular (dated 19.04.2010) used to deny the appointment lacked the necessary sanction of the Railway Board, the highest law-making body for the Railways

The court also relied on the principle of procedural fairness, requiring a "reasoned and speaking order" following the verification of credentials

The Tribunal observed that the respondents failed to account for the applicant's status as an "external candidate" when initially questioning the 1999 certificate

It noted that the applicant had successfully enrolled in a Senior Secondary Course, which required a valid Madhyamik (Secondary) pass, thereby casting doubt on the respondents' conclusion that the 1999 certificate was fraudulent

Regarding the rehearing, the Member determined that the core dispute remained the validity of the 1999 certificate, as the allegation of it being "fake" was the primary barrier to her appointment

The Tribunal found that the previous order directing verification of the 1999 certificate was intentional and appropriate to resolve the underlying allegation of fraud before considering the subsequent NIOS qualification

Respondents must send the 29.12.1999 certificate and marksheet to the West Bengal Board of Secondary Education for verification within four weeks

Based on the Board’s report, respondents must reconsider the claim for compassionate appointment and pass a reasoned and speaking order within one month thereafter

The O.A. was disposed of with no order as to costs