DB allows SSB’s appeal, sets aside judgment of Writ Court

24/04/2021

Srinagar, Apr 23: In a LPA filed by Service Selection Board against the judgment of writ Court whereby writ Court directed Service Selection Board to consider the case of the petitioners on the basis of certificates issued by the Director Technical Education and pass appropriate orders, if the petitioners fulfill the requisite qualification/eligibility they be selected/appointed against the posts available.
A Division Bench of Jammu & Kashmir High Court Comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul while setting aside the judgment of writ Court observed that The finding recorded by the Writ Court holding the respondents/ petitioners therein, entitled for the relief granted in terms of the impugned judgment is bereft of reasons, material and the law. Merely because the Kissan Institute of Technology R.S. Pora, Jammu, which has, allegedly, issued the certificates in question, is a recognized Institute to impart training vis-a-vis certain trades including the one allegedly possessed by the respondents, does not ipso facto mean that the certificates produced on its name, without actually having been issued by it, are also genuine.
DB further observed that the findings recorded in paragraph no. 13 of the impugned judgment by the Writ Court is beyond the scope of the powers of the court under Article 226 of the Constitution of India as court has no mechanism/ expertise available to check the veracity of the certificate that meets the requirements of the recruitment rules. In a situation where the academic qualification certificate is questioned by the selection/ appointing authority from the very existence and supported by the certificates of the Board of Technical Education, the learned Writ Court was required, for doing the substantial justice, to evolve a mechanism by virtue of which the genuineness of the certificates could have been ascertained by referring the matter to the Committee consisting of members from the concerned field if at all it was convinced that the genuineness of the certificates has been casually reported.
DB further observed that the question that requires an answer, in the circumstances, would be as to whether the certificates in question are forged having been managed by the respondents of their own without having appeared in any examination in this behalf? To have the question answered the matter is required to be looked into by the Committee of the concerned field who will examine the said issue and frame their opinion accordingly.
DB while disposing of the petition, directed Commissioner-Secretary to the Government, PWD department to constitute a committee of the officers from the State Board of Technical Education; Directorate of Technical Education and the Service Selection Recruitment Board. The needful shall be done within one week from today.
DB further directed the Secretary, J&K Service Selection Board, Director Technical Education and Secretary, State Board of Technical Education shall examine the claim of the petitioners on the strength of the certificates in question. While undertaking such exercise, the Committee shall also hear the respondents/ petitioners in person who shall be at liberty to produce all the documents in support of their claim.
DB further said that in the event the Committee comes to the conclusion that the certificates in question are genuine and meets the requirement of State Board of Technical Education, they shall be entitled to the relief claimed in the writ petition. The report shall be submitted to the SSB and Government for doing the needful. However, if it comes to the fore that the certificates in question are actually not genuine and they have not appeared in any examination in this behalf, therefore, do not meet the requirement of the State Board of Technical Education, the matter shall be deemed to be closed with the report of the Committee on such lines.

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