IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11557 of 2010 Ghan Shyam Ojha son of Sri Virindavan Ojha, resident of Village + P.O. Semariya Ojha Patti, P.S. Sahpur, Bhojpur, Ara …Petitioner Versus 1. The Union Of India 2. The Director General Railway Protection force, Rail Bhawan, New Delhi. 3. The Inspector General of Zonal Railway Protection Force, East Central Railway, Hajipur 4. The Deputy Chief Security Commissioner, East Central Railway, Hajipur 5. The Commandant, Railway Protection Force, East Central Railway, Hajipur 6. The Divisional Security Commissioner, RPF, ECR, Samastipur. …Respondents For the petitioner :Mr. Gautam Bose & :Mr. Ranjeet Tiwary For the respondents :Mr. Naresh Dixit ----- 05. 17.08.2011 Heard both sides. Petitioner was an applicant for the post of Constable in Railway Protection Force (for short ‘RPF). It is admitted position that he was selected after physical test followed by medical fitness test. He was, however, not empanelled for appointment as a result whereof he sought information invoking provisions contained in Right to Information Act (RTI). The respondents, by communication contained in Annexure-5 informed, that he had submitted a certificate of Madhayama pass from Bihar Sanskrit Shiksha Board which was not a recognized institution for the purpose of service under the Central Government. Learned counsel for the petitioner submits that 2 petitioner had passed the Intermediate of Arts examination also held in the year 2004, certificate whereof is enclosed as Annexure-7. The petitioner had only enclosed the Madhayama certificate issued by the Sanskrit Shiksha Board under the belief that the same shall make him educationally eligible for the post in question. Relying on Rule 48.2 of the RPF Rules, 1987, it is contended that petitioner passed the Madhayama examination from Sanskrit Shiksha Board which has already been recognized as a Board by the State Government by different pronouncements/order(s). He draws attention of the Court to Annexure-B to the counter affidavit filed on behalf of respondents to sow that a candidate can still be considered for recruitment on the basis of his/her higher qualification. Mr. Bose, learned counsel highlights that it is not the case that the petitioner passed the Intermediate of Arts examination after the selection process initiated by the respondents was over. Admittedly, he secured the aforesaid qualification in the year 2004. It is thus contended that, in the interest of justice, this Court may permit him to furnish the Intermediate certificate (Annexure-7) for consideration of his case for appointment as Constable in RPF. Mr. Dixit appearing on behalf of the Respondent- Union of India points out that the petitioner had not disclosed in the application form about his higher qualification. Be that as it may, since the petitioner had already acquired the higher educational qualification (Annexure-7) 3 much prior to the initiation of the selection process, this Court is of the view that the petitioner has made out a case for invocation of equitable writ jurisdiction of the Court. I accordingly dispose of the application by the following order: Let the writ petition together with all the pleadings/annexures be treated by the respondents as representation of the petitioner for his appointment on the post of constable in RPF and dispose of the same in accordance with law within a period of six (06) weeks from the date of production/receipt of a copy of the present order. The respondents are also granted liberty to call upon the petitioner to furnish the said certificate in original and other documents, if so required. hr ( Kishore K. Mandal )