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Dr. Ritesh Kumar Tarun vs State Of Bihar

Supreme Court24 September 2018Sanjay Kishan Kaul · Kurian Joseph

Ratio decidendi

The rule this decision rests on

Where a selection interview board denies marks for a qualification on the ground that the candidate did not produce a certificate of that qualification at the time of the interview, but the candidate has instead produced a mark sheet containing an endorsement confirming passage of that qualification, the board must grant the marks allotted for that qualification, as sufficient evidence of having obtained the qualification has thereby been produced.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 9869 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 17152 OF 2017]

DR. RITESH KUMAR TARUN Appellant (s)

VERSUS

STATE OF BIHAR & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant was denied the benefit of 10 marks

on the ground that he did not produce the certificate

of having passed the Diploma in Orthopaedics at the

time of Interview. But according to the appellant,

he had produced the Mark Sheet, which is also annexed

as Annexure P2 before this Court, which contains the

endorsement that he had passed the Diploma in

Orthopaedics.

3. In our view, before the Interview Board,

sufficient evidence having been produced of having Signature Not Verified

passed the Diploma, the appellant should have been Digitally signed by JAYANT KUMAR ARORA Date: 2018.10.06 12:35:06 IST Reason:

granted the allotted 10 marks in that regard. 2

4. In the above circumstances, this appeal is

allowed as follows :-

(i) The appellant shall produce the original Diploma

before the respondent – Commission within two weeks

from today, based on which, the Commission shall

reassess the appellant and forward its recommendation

to the Government within another two weeks.

(ii) The State Government is directed to take further

action in terms of the recommendations within two

weeks thereafter.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ SANJAY KISHAN KAUL ]

New Delhi;

September 24, 2018.

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