1 AFR Neutral Citation No. - 2025:AHC:78313 Court No. - 5 Case :- WRIT - A No. - 1563 of 2022 Petitioner :- Sunil Kumar Singh Respondent :- Union Of India And 5 Others Counsel for Petitioner :- J.P. Singh Counsel for Respondent :- A.S.G.I.,Archana Srivastava,Hari Narayan Singh,Santosh Kumar Mishra Hon'ble Ajay Bhanot,J. 1. Heard Shri J.P. Singh, learned counsel assisted by Shri Dhirendra Singh, learned counsel for the petitioner and Shri Santosh Kumar Mishra, learned counsel for the respondents No.2 to 6. 2. The petitioner has assailed the impugned order/notice dated 13.12.2021 and the impugned order dated 31.12.2021 issued by the respondent No.6, whereby his candidature of appointment has been invalidated on the footing that he does not possess work experience as advertisement No.1/2019-FCI Category-III. 3. The respondent-corporation initiated recruitment process for appointment to various posts including AG- II (Hindi) by publishing an advertisement on 23.02.2019. 4. The minimum qualifications as depicted in the advertisement for appointment to the post of AG-II (Hindi) is extracted hereunder: 2 Post Post Code Qualifications/Experience AG-II (Hindi) D Essential: 1. Degree of a recognized University with Hindi as the main subject. 2. Proficiency in English 3. One year experience of translation from English to Hindi and vice-versa. Desirable:- Post Graduate qualification in Hindi 2. The prescribed qualifications, experience, age limit, etc. shall be reckoned as on 01.01.2019.” 5. According to the petitioner, he satisfied the eligibility conditions for appointment as AG-II (Hindi) and applied in response to the said advertisement. The petitioner submitted his application form on 30.03.2019. The petitioner applied in the category of servicemen. 6. The preliminary examination which was in the nature of objective was held in May, 2019. After qualifying the preliminary examination the petitioner appeared in the main examination conducted by the respondents at Kolkata in July, 2019. The petitioner figured at Serial No.1 in the waiting list of ex-servicemen category. 7. The petitioner was called for documentation on 05.07.2021. The list of documents submitted by the petitioner after he presented himself at the regional office of the Food Corporation of India, Lucknow was as under: 3 A. High School mark-sheet/statement of marks, High School Certificate; B. Intermediate mark-sheet and Intermediate certificate; C. Graduation (all three years mark-sheets and certificates, degree); D. Post Graduate mark-sheet and degree; E. Experience certificate issued by the Indian Army. F. Experience certificate dated 31.12.2019 issued by Kiran Institute of Career Achievement, Patna. 8. The pleadings as regards submission of the aforesaid documents which are taken in paragraph-9 of the writ petition have not been traversed in the counter affidavit. 9. The experience certificate submitted by the petitioner dated 31.12.2019 and issued by Kiran Institute of Career Achievement, Patna records that the petitioner had worked as a translator from Hindi to English and vice versa with effect from 01.01.2018 to 31.12.2019. The certificate also records that the petitioner was released from the institute on 01.01.2020. The authenticity of the aforesaid certificate is not disputed in the counter affidavit. 10. The only cause for rejection of the aforesaid certificate is disclosed in paras, 10, 14 and 20 of the counter affidavit which are extracted hereunder: “10. That since he has no work experience as per Advertisement No.1/2019 FCI Cat-III hence his candidature vide letter dated 13.12.2021 has been rejected. 14. That in reply to the contends of para 3 of the writ petition, it is 4 stated that averment contained therein are matter of record and document refer to therein may be perused in full. However, it is further submitted that the advertisement dated 23.2.2019 clearly mentions about the experience to translator from English to Hindi and vice versa. Till then the petitioner has no work experience as a translator from English to Hindi and vice versa.” 11. Only question which arises for consideration is that whether recitals in the experience certificate submitted by the petitioner in support of his candidature satisfies the eligibility criteria set out in the advertisement and whether the respondent was justified invalidating the candidature of the petitioner. 12. The last date of submission of application form was 30.03.2019. The recitals in the aforesaid experience certificate issued by Kiran Institute of Career Achievement, Patna disclose that on the last date of submission of application form i.e. 30.03.2019, the petitioner possessed the requisite experience as a translator of Hindi and English and vice versa. The petitioner had been working as a translator from 01.01.2018 till 31.12.2019. 13. According to the aforesaid recitals, the petitioner has completed one year of experience as a translator on 01.01.2019 which is well before the last date of submission of application form. 14. In this wake, the petitioner has clearly satisfied the criteria of one year experience and translator from English to Hindi and vice versa of the last date of submission of his application form. 5 15. The prescribed qualification is the possession of experience of translator as on 01.01.2019. The date of issuance of the certificate attesting to the aforesaid experience is not relevant for the purposes of the prescribed qualifications. Clearly the respondents have misdirected themselves in law. 16. The rejection of candidature of the petitioner was misconceived and the same is arbitrary and illegal. 17. The impugned order/notice dated 13.12.2021 and the impugned order dated 31.12.2021 issued by the respondent No.6 is liable to be set aside and is set aside. 18. The matter is remitted to the respondent No.3-Chief General Manager (Recruitment), Food Corporation of India, Noida, for fresh consideration. 19. The respondent No.3-Chief General Manager (Recruitment), Food Corporation of India, Noida, shall process the candidature of the petitioner for appointment in light of the observations made in this judgement. 20. The writ petition is allowed to the extent indicated above. Order Date :- 13.5.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad