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NON-REPORTABLE

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)

J U D G M E N T

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 P2 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.

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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.