- (1.) AFTER having heard the learned counsel for the parties and having perused the material placed on record, we are unable to find any reason to consider interference in the order dated 17.1.2011, as passed in CWP No.386/2011 whereby the learned Single Judge of this Court has found baseless the claim made by the petitioner- appellant in relation to the recruitment to the post of Physical Training Instructor Grade-II and III, on the basis of his assertion that he was not awarded proper marks on a certificate said to have been issued on his securing second position in a Swimming Competition in District Level Tournament.
(2.) THE learned Single Judge has found baseless the submission made by the petitioner and has rejected the writ petition while observing as under:- "After hearing learned counsel for the petitioner and perusing Annenxure-4, I am of the opinion that obviously, the said tournament was conducted in between 07.09.1998 to 10.09.1998 and after completion of said District Level Tournament the certificate Annexure-4 was issued by the concerned authority and admittedly on that date, it was only certified that the petitioner participated in the said tournament but later on after one year on 07.10.1999 following verification is made upon the said certificate:- " " Meaning thereby at the time of issuance of certificate Annexure-4, it was certified that the petitioner participated in the tournament and he was not granted any position but later on after one year, the aforesaid verification was made by the Head Master of the School. In my opinion, it is not permissible because it is to be certified by the District Education Officer (Secondary), Hanumangarh, who is competent authority. In this view of the matter, the Raj. Public Service Commission has rightly granted four marks to the petitioner for participating in the District Level Tournament and rightly denied 12 marks for second position. Hence, no case is made out for interference. Accordingly, this writ petition is dismissed." Learned counsel for the petitioner-appellant strenuously contended that the petitioner, indeed, stood second in rank in the district level tournament and hence, the certificate as issued earlier was corrected; and that the correction was made by none other but the Coordinator of the tournament in question i.e., the Headmaster of the school concerned who had signed the certificate earlier too. We have serious reservations on the propositions as suggested because the certificate in question was issued in relation to a tournament said to have been held from 07.09.1998 to 10.09.1998. The certificate was signed by two persons: the Coordinator, i.e., the said Headmaster; and the Chairperson of the tournament i.e., the District Education Officer, Secondary Education, Hanumangarh. If at all the certificate did not state the correct facts in the first place and any correction was requisite, such a correction ought to have been sought immediately upon issuance of the certificate, which was not done. If at all, there was any such kind of error in the certificate, the only proper course was to require the authority concerned to issue a certificate afresh while cancelling the earlier certificate. Secondly, any insertion in the certificate could not have been made by the said Headmaster alone and that too, more than a year after issuing the same without counter-signatures of the District Education Officer, who was the equal signatory to the said certificate. In an overall view of the matter, we could only infer that the concerned Headmaster had rather overstepped his authority in making insertion in certificate already issued. This nature certificate, having a bearing in the recruitment process where some bonus marks are given on its basis, cannot be altered in this fashion nor such altered certificate could be considered carrying any worth or value. The respondent -RPSC cannot be faulted if they had not taken such a certificate into consideration. The learned Single Judge, in our opinion, has rightly dismissed the writ petition. Accordingly, the appeal fails and is, therefore, dismissed. ;