WP.CT/31/2026 of SHRI.PARVEZ MUSRAFF Vs UNION OF INIDIA AND ORS. on 28 July 2026

1. The writ petition is filed challenging an interim order dated 16th June, 2026 passed by the Central Administrative Tribunal at Port Blair in OA No. 847 of 2026. The subject matter of the application before the Tribunal was a recruitment process initiated by the Forest Department of the Administration vide Vacancy Notice dated 25th July, 2025. Two posts of Forest Ranger were reserved for the Schedule Tribes.

2. The writ petitioner before us was the second person who qualified in that category. He obtained the B.Sc. (Zoology) qualification in the year 2023 from the University of Pondicherry. Only a provisional certificate was issued by the Pondicherry University and the University has gone on record indicating that for the year 2023 and for the year 2025, although examination was conducted and result were announced actually degree certificate were not issued to any candidate. Only Provisional Certificates have been issued.

3. The petitioner, within the time stipulated under the Vacancy Notice produced a certificate from the Pondicherry University stating that the Provisional Certificate is genuine.

The actual degree certificate was produced after the Original Application was filed. The contention of the private respondents who has been served and is represented by learned advocate today is before the Tribunal was that when the Vacancy Notice clearly prescribed that the Provisional Certificate will not to be accepted, the candidature of the petitioner although ranking above the private respondent herein ought not to have been considered by the authority. The disqualification for production a Provisional Certificate would have to be applied to the writ petitioner and the private respondent, applicant before the Tribunal ought to have been offered the post.

4. This Court can take judicial notice of a reality in this Country where examinations are held in several universities particularly reputed ones, beyond time, results are published way beyond the stipulated period and in many cases degree certificates are not issued despite passage of years.

5. In the light of the above, the stipulation in the advertisement against acceptance of Provisional Certificate appears to be unfair, onerous and arbitrary. It would also have the effect of depriving genuine candidates of the benefit of public employment and therefore be violative of Article 14 of the Constitution of India.

6. The respondent authorities duly noticed the same and the predicament of the petitioner, and communicated the same to the applicant before the Tribunal, private respondent before us vide communication dated 02nd June 2026.

7. At this juncture, the part of the Recruitment Rules which made the decision of the authorities final and binding being

Clause No. 14 thereof has been rightly exercised by the respondent authorities.

8. Learned counsel for the private respondents submits that the rules of the recruitment process cannot be altered midway or bent in favour of any candidate. This Court finds that the Forest Department has taken a pragmatic stand and has not bent any rules.

9. In the light of the above this Court is of the view that in the Original Application under Section 19 of the Administrative Tribunals Act being OA 847/2026, ought not to have been entertained by the Central Administrative Tribunal.

10. The impugned order dated 16th June, 2026 shall stand set aside. OA No. 847/2026 before the Central Administrative Tribunal at Kolkata shall stand dismissed.

11. The Forest Department and the Administration shall continue to process the candidature of the writ petitioner and issue final letter of appointment to him if he meets and fulfills all the other criteria in the recruitment process.

12. WP.CT/31/2026 is thus allowed.

13. There shall however be no order as to costs.

14. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)

(Partha Sarathi Sen, J.)