Service law – Appointment – Recruitment process – Allegation of manipulation in the recruitment process – Appellant appointed to the post of assistant teacher – Two years thereafter, writ petition by first respondent alleging that the appointment of the appellant based on manipulation in TET examination certificate wherein he showed his caste status under Most Backward Class (MBC) category whereas in the selection process he showed himself to be Backward Class (BC) category – Writ petition allowed holding that the first respondent committed manipulation in procuring the TET certificate – Correctness: Held: Instant case is not where there is any allegation against the appellant either by the Academic Council or by recruiting agency that the appellant has fraudulently declared his caste status as ‘MBC’ though he actually belongs to ‘BC’ – Appellant secured more marks than respondent no.1 – He did not obtain any weightage of marks or relaxation by claiming to be belonging to ‘BC’ category which is his actual caste category – Genuineness of his caste certificate is also not questioned – No evidence that the appellant committed any manipulation in the recruitment process – Appellant has not submitted any incorrect information at the time of counselling – Recruiting agency has not cancelled appellant’s appointment on the allegation of submitting incorrect information – It is for the recruiting agency to take action against any candidate if incorrect information is supplied – Same cannot be made a foundation for allowing the writ petition when the said information does not affect the candidate’s eligibility to appear in the examination – Not a case of submission of false certificates of qualifying examination or a false caste certificate – High Court wrongly set aside the appellant’s appointment – Impugned order set aside. [Paras 10-12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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