Excelsior Correspondent
Srinagar, Apr 25 : High Court held that the certificate obtained from an unrecognized organization or institute can be held to be invalid for the purpose of recruitment but not amounts to fraud or fake.
The Division Bench of Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani has recorded a plea filed by a candidate-Mohammad Shafi Dar against the cancellation of his selection for the post of Physical Education Teacher citing that he has submitted a fake National Sports Certificate.
The petitioner-Dar was figured as Serial No. 23 in the Provisional Selection List. Subsequently his selection was cancelled on the premise that the fake National Sports Certificate (Karate Championship) was submitted by him.
It is noted that the Crime Branch after thorough investigation into the matter had in categoric terms stated that the National Sports Certificate of the petitioner-Dar was genuine but issued by the un-recognized Association.
The court after hearing the parities has held that the certificate submitted by him though was invalid for the purpose of determining his merit but the same was neither fake nor forged. “….at the most while scrutinizing the documents submitted by the candidates, respondent could have excluded the certificate of petitioner”, court said.
The petitioner-Dar through his counsel contended before the court that even if that certificate is excluded for determining his merit, still he would fall within the merit list.
The court said that this exercise be concluded within a period of three months from the date of receipt of a certified copy of order by the respondents.
The court did not agree with the contentions of the Government as he submitted that the petitioner had submitted a Certificate issued by an unrecognized Association so that he cannot be considered for appointment as Physical Education Teacher.
The court directed the authorities to re-determine the merit of the petitioner afresh by excluding his disputed sports certificate and conclude the exercise within three months.
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