M.N. Bhandari, J. - (1.) NOTICES have been accepted by the learned counsel for the respondents as the issue involved in the present matter has already been decided by this Court after hearing learned counsel for both the parties. It is a case pertaining to appointment to the post of Headmaster (Secondary Education). The controversy pertains to denial of counter signature on experience certificate by District Education Officer (for short "DEO"). The experience certificate is required for eligibility.
(2.) IT is stated that petitioner is having required experience along with certificate, however, it has not been counter signed by the DEO for want of certain documents pursuant to the Circular dated 16.06.2008. The aforesaid Circular was considered by this Court in the case of State of Rajasthan Vs. Suraj Mal & Ors. in D.B. Civil Special Appeal (Writ) No. 05019/2011 decided on 01.08.2011. In the case supra, certain conditions of the Circular dated 16.06.2008 were held illegal. Those conditions were for submission of documents to prove previous employment to show experience. The Court was of the view that documents like attendance register, appointment order and proof of payment of salary cannot be demanded, though the Court permitted the department to make verification of previous employment and if documents are found to be forged then to take action. Similar benefits have been prayed in this writ petition also. Learned counsel for the respondents submit that documents required pursuant to the Circular dated 16.06.2008 are nothing but to show previous employment and experience of the candidate. It is accessible to the every candidate yet they are not submitting it. In absence of such document, verification is not only become difficult but it delays the process of appointment. In few cases, experience has been gained by the petitioners in the institutions in three districts, thus it is to help the petitioner/s so as the respondents that certain documents were called for counter signature on experience certificate.
(3.) I have considered the submissions made by learned counsel for the parties and perused the record.;