Santosh Kumar Meena And Ors vs Govt. Of N.C.T. Of Delhi And Ors

2. Facts and circumstances giving rise to this appeal are that:

B. A pre-requisite qualification for the post was that of B.Ed. Though he had appeared in the B.Ed examination prior to submission of the application for TGT (Sanskrit), the result however was declared only on 28.1.2008. He participated in the selection process as he made a representation that he had acquired the requisite eligibility. The appointment letter dated 19.6.2009 was issued making it clear that the appointment was temporary and on provisional basis for two years and further subject to verification of character, antecedents and educational qualification etc. by the Deputy Director Education, New Delhi (hereinafter called ‘DDE’). The appellant joined the service as TGT (Sanskrit) on 26.6.2009. The DDE issued a show cause notice dated 21.9.2010 to the appellant to show cause why his services should not be terminated as he was awarded the B.Ed degree only on 28.1.2008 which was much after the cut-off date which was 29.10.2007.

D. The appellant submitted the reply to the said show cause notice stating that subsequent to his joining the post he had submitted the copies of the documents including marks sheet of B.Ed for verification and he possessed the eligibility and there was no question of any concealment/misrepresentation on his part. As the reply submitted by the appellant was found to be unsatisfactory, the competent authority DDE passed an order dated 5.10.2010 terminating the services of the appellant. The order recites that the employment had been obtained by misrepresentation since he was ineligible, not being possessed of the educational qualification of B.Ed on the last date of submission of the application. The information furnished by him was found to be false and as per clause 11 of the terms of appointment as he had made a false representation. His services were accordingly liable to be terminated.

4. The facts are not in dispute. As per the advertisement, applications had to be submitted by 29.10.2007 and the appellant made a representation that he had obtained the B.Ed degree but could not submit a copy of the marks sheet or Degree certificate. The appointment letter dated 19.6.2009 was temporary/provisional, subject to verification of various aspects including that of educational qualification. The appellant was permitted to join services on the basis of provisional appointment letter and therefore, the sole question involved herein is whether the appellant could claim any relief, if for one reason or the other his result had not been declared upto the last date of the submission of the application form.

16. In the instant case, the appellant did not possess the requisite qualification on the last date of submission of the application though he applied representing that he possessed the same. The letter of offer of appointment was issued to him which was provisional and conditional subject to the verification of educational qualification, i.e., eligibility, character verification etc. Clause 11 of the letter of offer of appointment dated 23.2.2009 made it clear that in case character is not certified or he did not possess the qualification, the services will be terminated. The legal proposition that emerges from the settled position of law as enumerated above is that the result of the examination does not relate back to the date of examination. A person would possess qualification only on the date of declaration of the result. Thus, in view of the above, no exception can be taken to the judgment of the High Court.

The appeal is devoid of any merit and does not present special features warranting any interference by this court. The appeal is accordingly dismissed.

In terms of the judgment in Civil Appeal No.6116 of 2013, the above-mentioned appeals are accordingly dismissed.