Amitav Kumar Gupta, J. - (1.) THIS writ application has been filed under Article 226 of the Constitution of India for quashing of order dated 28.03.2012 (Annexure - 8), passed in Original Application No. 85 of 2011 (R), passed by the Central Administrative Tribunal (in short CAT), Patna Bench, Patna (Circuit Court at Ranchi) and also to quash the order dated 04.09.2008 (Annexure - 3) letter No. DEC/4/Camp/11/2008/Gr. D, whereby, an application for appointment of the petitioner on compassionate grounds has been rejected.
(2.) THE brief facts of the petitioner's case is that his father late Chankoo was working as Bridge Porter under CWC/BRR at Kumardhubi and he died in harness on 04.12.2007 leaving behind his wife, Kherun Bibi, four sons namely, 1. Majid Ansari, 2. Aziz Ansari (applicant/petitioner), 3. Samim Ansari, 4. Ainul Ansari and one daughter namely, Shakila Bibi, who is married; that the petitioner had applied for compassionate appointment for the post of Group - D category and submitted his certificate of educational qualification showing that he has passed Class - IXth exam and he had left the school on 31.12.1995; that the mother of the petitioner and other legal heirs of his late father have no objection to the appointment of the petitioner. It is averred that the petitioner was informed that there was another educational certificate of the petitioner, which was said to have been granted by the Government Middle School, Kumardih, whereupon, petitioner filed representation dated 14.08.2008 clarifying that he had passed from the Mandakini High School, Bada Jamua, Dhanbad and the said certificate should be considered and representation to this effect was also filed by the mother of the petitioner on 14.08.2008. The said representation of the petitioner was rejected by the Senior Divisional Personnel Officer by letter No. DEC/4/Camp/11/2008/Gr. D dated 04.09.2008. The said rejection order was not communicated and a representation was filed by this petitioner on 29.01.2009 and rejection letter dated 04.09.2008 was communicated and thereafter repeated representations were made for consideration of his appointment by the petitioner on the basis of the certificate granted by the Mandakini High School, Bada Jamua, Dhanbad, but the respondent authority did not pass any order, whereupon, the petitioner filed Original Application No. 85 of 2011(R) before the Central Administrative Tribunal, Patna Bench, Patna (Circuit Court at Ranchi), which was rejected by the aforesaid impugned order. Learned counsel appearing on behalf of the petitioner has assailed the impugned order on the ground that the respondent authority should have considered the fact that the petitioner had passed Class - IXth exam from Mandakini High School, Bada Jamua, Dhanbad and rejection of the said certificate despite the representation given by the mother of the petitioner to consider the same, is arbitrary and malafide act of the respondent, which is in violation of Article 14 and 15 of the Constitution of India; that the order of rejection in O.A. No. 85 of 2011(R) by the Central Administrative Tribunal, Patna Bench, Patna (Circuit Court at Ranchi) is without appreciating the fact that the certificate issued by the School was genuine and authentic and on the said ground he has prayed to quash the said order dated 04.09.2008 i.e. the Annexure - 3.
(3.) LEARNED counsel appearing on behalf of the respondents referring to -the counter affidavit and submitted that in support of his educational qualification, the petitioner had submitted School Leaving Certificate showing that he had passed Class - VIIIth exam, issued by the Headmaster, Rajkiya Madhya Vidyalaya, Kumardih, Dhanbad, bearing Sl. No. 35 dated 16.04.2005 (Annexure - R -1); that the authenticity of the said school certificate was investigated and it was found to be a false certificate, thus, the petitioner was held not entitled for appointment on compassionate ground and communication to that effect was made to him by letter dated 04.09.2008. Subsequently, the petitioner submitted fresh school certificate, issued by the Headmaster, Mandakini High School, Bada Jamua, Dhanbad (Annexure - R -4) bearing Sl. No. 76/08 dated 31.07.2008 along with the application in which he has admitted that the school certificate, which was issued by the Headmaster, Rajkiya Madhya Vidyalya, Kumardih, Dhanbad, which was earlier submitted, was a false certificate and this ex -facie reveals that he does not have the required integrity to be considered for appointment on compassionate ground.;