Document Fragment View
Fragment Information
Showing contexts for: Experience countersign in Amit Kataria And Ors vs State Of Punjab And Ors on 10 January, 2020Matching Fragments
9. Counsel for the private respondents have added that the delay, if any, has occurred at end of the concerned District Education Officer (Secondary Education) while countersigning the experience certificates, for which the private respondents cannot be held responsible and they should not suffer because of the same. The procedural and official delay in the office of the District Education Officer (Secondary Education) cannot be used to put the selected candidates at disadvantage, who admittedly are meritorious and higher in merit than the petitioners. Accordingly, prayer has been made for dismissal of the writ petition.
"4. For the post of Head Master:-
Experience of Government, Government aided, recognized and affiliated from CBSE/ICSE/PSEB and any other board equivalent to aforesaid school for teaching from 6th to 12th class as Master/Mistress or Lecturer School cadre would only be considered. Original experience certificate as given in Annexure-1 must be taken along with at the time of scrutiny. Regarding countersigning of experience certificate. i. Government, Government aided, recognized and affiliated schools (CBSE/ICSE/PSEB and any other 8 of 15 CWP-23575-2015 (O&M) board equivalent to aforesaid) experience certificate must be countersigned by District Education Officer (SE) of concerned district.
This contention of the respondents cannot be accepted in the light of fact that the experience a candidate is mandated to possess is 11 of 15 CWP-23575-2015 (O&M) provided for in Clause 9 Sub Clause 4 which makes it clear that the experience certificate must have been countersigned by the concerned District Education Officer (Secondary Education) without which, it cannot be considered. Thus, an experience certificate which although may have been issued prior to the last date of submission of the applications but without it being countersigned cannot be reckoned and accepted as an experience certificate for the purpose of consideration for selection in pursuance to the advertisement (Annexure P-11 colly). The stand, thus, taken by the respondents cannot be accepted.
23. Accordingly, the writ petition is allowed and selection and appointment of respondents No.4 to 13 along with the candidates, who were not in possession of the experience certificate duly countersigned by the District Education Officer (Secondary Education) concerned prior to the last date of submission of the applications fixed i.e. 27.11.2013, is hereby declared illegal and quashed.
24. Direction is issued to the official respondents to issue show cause notices to ineligible candidates as held above seeking their reply and action be taken against them. The claim of the petitioners along other eligible candidates, as per merit list, which is to be recast by excluding the 14 of 15 CWP-23575-2015 (O&M) candidates who do not possess the experience certificate duly countersigned prior to the last date of submission of the applications i.e.27.11.2013, be considered and appointment letters issued to them. The said process be completed at the earliest but not beyond the period of three months from the date of receipt of certified copy of this order.