RITESH KUMAR TARUN v. STATE OF BIHAR

Supreme Court of India · 24 Sep 2018
KURIAN JOSEPH; SANJAY KISHAN KAUL
CIVIL APPEAL NO(S). 9869 OF 2018
2018 INSC 855
administrative appeal_allowed Significant

AI Summary

The Supreme Court held that production of a Mark Sheet endorsing a Diploma suffices for awarding marks in a selection process, directing reassessment upon subsequent production of the original certificate.

Full Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 9869 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 17152 OF 2017]
DR. RITESH KUMAR TARUN Appellant (s)
VERSUS
STATE OF BIHAR & ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellant was denied the benefit of 10 marks on the ground that he did not produce the certificate of having passed the Diploma in Orthopaedics at the time of Interview. But according to the appellant, he had produced the Mark Sheet, which is also annexed as Annexure P[2] before this Court, which contains the endorsement that he had passed the Diploma in Orthopaedics.

3. In our view, before the Interview Board, sufficient evidence having been produced of having passed the Diploma, the appellant should have been granted the allotted 10 marks in that regard. 2018 INSC 855

4. In the above circumstances, this appeal is allowed as follows:-

(i) The appellant shall produce the original Diploma before the respondent – Commission within two weeks from today, based on which, the Commission shall reassess the appellant and forward its recommendation to the Government within another two weeks.

(ii) The State Government is directed to take further action in terms of the recommendations within two weeks thereafter ........................ J. [ KURIAN JOSEPH ] ....................... J. [ SANJAY KISHAN KAUL ] New Delhi; September 24, 2018.