Candidate Producing Fake Mark-Sheets Cannot Claim Equity: Rajasthan HC Dismisses Plea Challenging Cancellation Of Appointment By RRVUNL
The Rajasthan High Court dismissed the petition challenging the cancellation of an appointment by the RRVUNL after it observed that a candidate cannot claim equity after producing fake mark sheets.
The Petitioner had challenged the Order passed by the Rajasthan Rajya Vidhyut Utpadan Nigam Ltd. (RRVUNL) which cancelled his appointment and terminated his services. The Bench held that the mark-sheets obtained by the Petitioner were void-ab-initio and the employment obtained on the basis of such mark-sheets issued by “fake/unrecognized and fraudulent institution” was an “illegal appointment.”
A Single Bench of Justice Dinesh Mehta stated, “The mark-sheets obtained by the petitioner are void-ab-initio and the employment obtained on the basis of the mark-sheets issued by such fake/unrecognized and fraudulent institution is an illegal appointment.”
Advocate B. S. Sandhu appeared for the Petitioner, while Senior Advocate Ravi Bhansali represented the Respondents.
The Petitioner was appointed as a Junior Accountant by RRVUNL after passing the Common Written Competitive Examination. The Petitioner claimed to have obtained an MBA degree from Eastern Institute for Integrated Learning in Management (EIILM) University, Sikkim, between 2010 and 2012. However, during the document verification, the Petitioner failed to submit his MBA degree and instead submitted an affidavit stating he would provide the degree later.
The Petitioner claimed that he was unable to obtain his MBA degree because the EIILM University was dissolved, and the Central Bureau of Investigation (CBI) had seized its records. However, the RRVUNL argued that the Petitioner had submitted fake mark-sheets and had failed to meet the conditions of his appointment.
The central condition of the appointment, according to the appointment order, was the verification of degree/mark-sheet. The Petitioner had argued that his subsequent degree of MBA, which was obtained in 2019 should be accepted and therefore his appointment should be validated.
The High Court clarified that subsequent acquisition of qualification cannot be taken into account as the possession of degree of MBA (Finance) was a condition precedent for appearing in the recruitment process.
The Court stated that “in the era of cut-throat competition, a candidate who has produced fake mark-sheets cannot claim equity and pray that the degree he has obtained subsequently be considered.”
“If the petitioner’s mark-sheets given by the EIILM University is held invalid or ignored, then, obviously at the time of appearing in the recruitment process in the year, 2013, the petitioner did not have requisite educational qualification to vie for the competitive examination for the post of Junior Accountant,” the Bench remarked.
Consequently, the Court held, “This Court is therefore, of the considered view that petitioner neither has a case on merit nor is he entitled for any equitable consideration…The writ petition is, therefore, dismissed.”
Accordingly, the High Court dismissed the Writ Petition.
Cause Title: Sada Ram v. Rajasthan Rajya Vidhyut Utpadan Nigam Ltd. & Ors. (Neutral Citation: 2024:RJ-JD:48925)
Appearance:
Petitioner: Advocates B. S. Sandhu, D. S. Sodha and Divik Mathur
Respondents: Senior Advocate Ravi Bhansali; Advocate Vipul Dharnia