Summary
The Supreme Court restored the appointment of an Assistant Teacher whose TET certificate described him as MBC while he competed in the recruitment as BC, holding that there was no manipulation or undue advantage and that a discrepancy that does not affect eligibility cannot found a writ petition when the recruiting agency itself raised no objection.
Issues
- Whether the appellant's appointment as Intermediate Trained Assistant Teacher could be set aside because his TET certificate recorded his category as MBC while he applied and was selected in the recruitment under the BC category.
- Whether the duty under Clause 20 of the advertisement to furnish correct information could be made the foundation for setting aside the appointment at the instance of a rival candidate when the recruiting agency alleged no incorrect information.
Held
- There was no allegation by the Jharkhand Academic Council or the recruiting agency that the appellant had fraudulently declared his caste status, the TET cut-off marks for BC and MBC were the same in the relevant year, the appellant secured more marks than the writ petitioner without any weightage or relaxation, and the genuineness of his caste certificate was not questioned; he therefore gained no undue advantage from the discrepancy. (¶ 10)
- Where the recruiting agency does not allege that incorrect information was supplied in the recruitment and has not cancelled the appointment, a duty under the advertisement to furnish correct information cannot be the basis for allowing a rival candidate's writ petition when the information does not affect the candidate's eligibility to appear in the examination; it is for the recruiting agency to act against a candidate who supplies incorrect information. (¶ 11)
- The case was not one of submission of false certificates of the qualifying examination or a false caste certificate, and there was no evidence of manipulation in the recruitment process; the High Court had wrongly set aside the appointment. (¶¶ 11, 12)
Result
Appeal allowed; impugned judgment of the Division Bench of the Jharkhand High Court set aside; no order as to costs.