Saturday, April 20, 2024

Allahabad High Court refuses to reinstate man’s candidature for lacking requisite experience

The Allahabad High Court has refused to interfere with the order of cancellation of the candidature of a person who does not have the prescribed experience on the date of submission of application.

A single-judge bench of Justice Ajit Kumar passed this order while hearing a petition filed by Sanjay Singh Parihar.

By means of the petition under Article 226 of the Constitution, the petitioner prayed for a writ of mandamus for the respondents to produce the qualifications of the selected candidates before the Court and further prayed for a writ of certiorari for quashing the result, whereby, the petitioner’s candidature has come to be cancelled.

The counsel for the petitioner argued that the petitioner has scored better marks than the candidates who have been selected and he having possessed requisite qualification as per the advertisement, deserves to be selected and appointed.

A counter-affidavit has been filed on behalf of respondents in which it has been stated that the experience certificate, as produced and submitted by the petitioner, did not indicate about the requisite period of experience as per the advertisement.

In the form that had been filled in by the petitioner, the date of experience given as July 1, 2008 till June 29, 2013 which also would indicate that five years requisite period had not been completed.

From the perusal of the experience certificate, that has been brought on record to the petition, it clearly transpires that the petitioner has been certified to have worked as Accountant from 2008 till the year 2013, but it neither discloses any month from which he started working as accountant and till the month he worked, nor, any specific date has been mentioned, the court observed.

The Court noted, “The form that had been filled in by the petitioner for the post in question, does bear a column, where under he had given the date of his experience as from July 01, 2008 till June 29, 2013. This statement of fact in the form is not supported by the certificate. How the petitioner has described this period by mentioning the dates, is also not explained anywhere in the petition.”

The petitioner, who had produced the certificate and also submitted the same with the respondents while applying for the post in question, could not have described it from what was stated in the certificate issued by the employer as the same has to be taken in the form it has been issued.

The petitioner does not have any authority to explain the experience certificate issued by another person. Even otherwise, the Court found that as the date filled in by the petitioner to explain his experience as an Accountant in the establishment of Rajendra Pateria, Contractor & Builder also does not indicate full five years experience.

“In view of the above, therefore, the Court is of the view that the petitioner having not possessed the requisite experience as per the advertisement for the post in question, no relief can be granted to the petitioner and the Court does not find any fault with the cancellation of the candidature of the petitioner by the competent respondent authority. Petition fails and accordingly consigned to records,” the order reads.


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