IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14779 of 2007 NITESH KUMAR SINGH Versus THE UNION OF INDIA & ORS ----------- For the petitioner: M/s.Uma Kant Shukla, Vijay Kumar Singh and Pankaj Kumar Singh For the respondents: Mr. Rana Randhir Singh ------- 04. 09.09.2008 Petitioner is aggrieved due to his non-enrolment under the respondents army authorities, rally for which was held in Purnea in the month of February, 2007. The appointment was in the tradesman category and six candidates underwent examination for one vacancy. Three persons were short listed. Petitioner figured at serial No. 3 in the said list. The petitioner had the advantage of some additional marks as well as exemption of height because he is supposed to be a son of Ex-serviceman. Certain certificates were produced by him and his father at the time of the recruitment process. This was sent for verification and in the verification it seems that certain interpolations were made to ensure that the petitioner was not shown to be over-age. The authorities deny that the certificate produced by the petitioner was the original certificate in its form and manner which was issued initially by the concerned authority. With the above stated position the petitioner was refused enrolment and he therefore decided to approach this Court by filing the present writ application. Learned counsel appearing on behalf of the petitioner contends that it is not in dispute that the petitioner is the son of one Wakil Singh though there could be certain discrepancy in the date of - 2 - birth for which he is trying to put the blame on the system where the initial date of birth was recorded in the service book. On a direction of the Court a counter affidavit came to be filed on behalf of the respondents. The respondents have stated not only the background of the present dispute but have also categorically stated in para 17 of the counter affidavit that interpolated kind of certificate was furnished by the petitioner to gain advantage in the enrolment. On due verification of the same, the above fact came to light and the authorities could not extend the benefit of enrolment in the given circumstances. They have also brought on record some documents in addition to the averments which have been made in the counter affidavit. The Court has been taken through these records and the annexures and has no occasion to disbelieve the stand taken by the respondents. There is material to indicate that the stand taken by the respondents in para 17 has merit and requires consideration. If the petitioner tried to get the above post on interpolated kind of certificate which was found on verification then the Court is not inclined to extend any benefit to the petitioner because equity or a right will accrue provided he approaches the Court with clean hands and clean conduct. If the findings and averments being what they are, the Court cannot extend any relief to the petitioner. The writ application is dismissed. rkp (Ajay Kumar Tripathi, J)