Jammu & Kashmir And Ladakh High Court: Submitting Invalid Certificate Not Misrepresentation Or Fraud, Candidate Can't Be Disqualified

The Jammu & Kashmir and Ladakh High Court has held that submitting Certificate from an unrecognized Association though invalid but don't fall within the ambit of misrepresentation or fraud.

The Court was considering a Writ-Petition against cancellation of his provisional selection.

The division bench of Justice Rajnesh Oswal and Justice Mohd. Yousuf Wani observed, "......it is established beyond doubt that the petitioner had not submitted any fake or forged certificate before the respondents for the purpose of seeking employment. He had only submitted the certificate issued by un-recognized Association. Had the petitioner submitted any fake or forged certificate, this Court would not have shown any indulgence but in view of the fact that the petitioner had submitted certificate by un-recognized Association and at the most while conducting scrutiny of the documents submitted by the candidates, the respondent No. 4 could have excluded the said Certificate while determining the merit of the petitioner."

The Petitioner was represented by Advocate Mohammad Yawar Hussain while the Respondent was represented by Government Advocate Faheem Nisar Shah.

Facts of the Case

The Petitioner had applied for the post of Physical Education Teacher (PTE) and secured 41.29 points against cut-off of 28.61. The Petitioner figured as Serial No. 23 in the Provisional Selection List. Subsequently, the selection of Petitioner was cancelled on the premise that fake National Sports Certificate was submitted by him. Aggrieved of cancellation of his provisional selection, the Petitioner preferred Writ Petition which was subsequently transferred to Central Administrative Tribunal. His challenge was dismissed at the first instance and therefore he again filed an Application before the Central Administrative Tribunal on the ground that even if the points awarded to the petitioners in respect of the disputed certificate are deducted, still then the Petitioner would fall within the criteria fixed by the official Respondents as in that eventuality, he would secure 31.29 points whereas the cut of point was 28.61.

It was also contended that the Crime Branch had in categoric terms rejected that the National Sports Certificate of the Petitioners was genuine but issued by the un-recognized Association. While cancelling the selection of the 14 Candidates including the Petitioner, it was the stand of the Respondents that once a candidate attempts to secure appointment by making misrepresentation or playing fraud, he cannot be granted any benefit.

Counsel for the Petitioner argued that even if the disputed Certificate is accepted for the purpose of determining merit, still then the Petitioner would figure in the merit list. He further drew Court's attention to the Communication issued by the Public Information Officer Crime Branch, Kashmir in response to the Application submitted by the Petitioner under Right to information Act to demonstrate that the disputed Certificate was genuine but issued by the un-recognized Association.

Reasoning By Court

The Court at the outset observed that the Respondent has not take note of the Communication wherein it was stated that the disputed Certificate was genuine but issued by the un-recognized Association. It was of the view that the Tribunal has decided the Application of the Petitioner in haste and without inviting any response from the official respondents. The Court concluded that the Certificate might be invalid but that doesn't mean it was fake or forged and he was guilty of any misrepresentation on his part.

"We are not convinced with the submissions made by Mr. Faheem Nisar Shah, learned GA that the petitioner had submitted Certificate issued by recognized Association so that he cannot be considered for appointment as Physical Education Teacher. After having examined the order passed by the learned Tribunal, we find that the learned Tribunal has not at all adverted to the merits of the claim of the petitioner and instead has decided the application filed by the petitioner impugning the order dated 22.11.2022 in haste and that too without any hesitation," the Court observed.

The Petition was accordingly allowed.

Cause Title: Mohammad Shafiq Dar vs. Union Territory of J&K & Ors.

Appearances:

Petitioner- Advocate Mohammad Yawar Hussain

Respondent- Government Advocate Faheem Nisar Shah, Advocate Maha Majeed

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