- (1.) BUNCH of instant review petitions filed by the State of Rajasthan since arises from common order disposing of bunch of writ petitions vide judgment dt.08.12.2009, hence being decided by the present order.
(2.) THE bunch of these review petitions is nothing but third round of litigation dragging the applicants (writ petitioners) to this Court despite the controversy being finally resolved initially vide judgment dt.07/01/2009 in CWP-5951/2008 (Smt. Preeti Dixit Vs. State of Rajasthan) but despite that, in the light of communication dt.16.06.2008 issued by Director (Secondary Education), Rajasthan, Bikaner to various District Education Officers (Secondary) laying down the guidelines regarding verification of teaching experience certificate being countersigned by the District Education Officer as an additional condition of eligibility under Rules, 2008 and on account of non-compliance of condition of guidelines (supra) being otherwise eligible when deprived from consideration for appointment pursuant to selection held under advertisement dt.31.05.2008, the petitioners approached this Court. While disposing of the bunch of writ petitions vide judgment dt.08/12/2009; against which the State has filed instant review petitions, this Court categorically observed that requirement under the Rules, 2008 is to furnish certificate of five years continuous teaching experience from a recognized institution, which indisputably the applicant holds, who had participated in process of selection pursuant to advertisement dt. 31.05.2008. At this stage, it is relevant to record that there is one of the conditions in Cl.7 of advertisement that while submitting application form, the applicant has to submit his own affidavit regarding genuineness of documents attached by him and he has to further give an undertaking in the format which is also a part of the advertisement that if any document enclosed with application form is found to be forged/fabricated/false, the authorities will be at liberty to take action against him for which he himself would be responsible. Apart from it, while disposing of bunch of writ petitions, this Court put an additional riders with an object that if the applicant submits forged/fabricated/false document, he shall not be permitted to continue and liberty was also granted to review petitioner-State of Rajasthan to scrutinize their certificates of teaching experience for verification from concerned recognized institution and if at a later stage it is found to be forged/fabricated/false action can be taken against such applicant/ writ petitioner in accordance with law. Against the judgment dt.08.12.2009 the State of Rajasthan at one stage preferred special appeals, and placed certain additional documents on record which were not before this Court, on the basis of which the review petitioner-State have preferred instant review petitions to show that there are number of applicants who have submitted their certificates of teaching experience obtained from neighbouring States. However, the Division Bench while disposing of appeals observed that since documents (supra) were not on record before the learned Single Judge hence granted liberty to file review petition, if so advised, within 30 days and pursuant to liberty (supra), the State of Rajasthan has preferred instant review petitions. Mr.NA Naqvi, Addl. Advocate General, submits that guidelines dt.16.06.2008 which have been taken note of by this Court in its judgment dt.08.12.2009 is nothing but to provide safeguards in examining the teaching experience certificates furnished by individual applicant who is supposed to have letter of appointment and result-sheets of continuous previous five years from recognized institution in which he has taught and so also the affidavit of the institution in support thereof so as to ensure that at least prima facie the certificate (supra) obtained by the applicant is genuine and if at a later stage that is found to be forged/fabricated/false the action can be taken as permissible under the law and the apprehension shown to this Court is that if proper safeguards are not provided in examining the genuineness of teaching experience certificate (supra) at the time of appointment, certainly liberty is available with the review petitioner-State to take disciplinary action against such applicant who has furnished such alleged forged documents in getting appointment but it may deprive those who were otherwise eligible for appointment but denied because of lower merit.
(3.) HE further submits that list which has been placed on record along with present review petitions discloses that good number of applicants have submitted applications along with teaching experience certificate of adjoining states and it will be difficult for the appointing authority to get a verification of certificates (supra) from adjoining States regarding genuineness thereof and only to safeguard the interest of genuine applicants may come forward, these guidelines have been issued by the authority to the District Education Officers while taking note of teaching experience certificates being countersigned which is one of the requirement under the Rules, 2008. Mr.Sanjeev Prakash Sharma, Senior Advocate assisted by Mr.Sandeep Singh, submits that this Court while disposing of writ petitions granted adequate safeguards to the review petitioner and at the same time the applicants have also submitted their own affidavit & undertaking regarding genuineness of their documents and if at any later stage documents furnished by the applicant/writ petitioner if found to be forged/false/ fabricated, certainly action can be taken against him and no additional requirement now can be imposed upon the applicants and if the guidelines issued by the Director (Elementary Education) to various District Education Officers is taken note of it appears to be a mode/method by which persons who are otherwise eligible under the Rules,2008 could be deprived from consideration for appointment despite the fact that they are holding eligibility under the Rules,2008. He further submits that the documentary evidence which has been placed on record to show that number of applicants have submitted their teaching experience certificates obtained by them from the recognized institutions from neighbouring States in itself cannot be presumed to be false/fabricated/forged and no different yardsticks could be adopted in regard to certificate being obtained from neighbouring States or from institution in the State of Rajasthan and once applicant has submitted his own affidavit in support thereof regarding genuineness of documents furnished it is always open for the authority to verify and if documents submitted are found to be forged/fabricated/false action can certainly be taken against such applicant in accordance with law. I have considered the submissions made and perused the material available on the record. ;