For the foregoing, this Court is of the view that the requirement of
submitting duly verified/attested copies of certificates while
submitting form for admission or for employment does not serve
any useful purpose when a candidate is always required to submit
the original documents at the time of counseling/interview/joining.
Doing away with this requirement will not only save the time of
Government Officers, but it will also save the concerned
candidates from unnecessary exercise in moving from one office to
other or for going to Courts for getting the documents
verified/attested.
HIGH COURT OF CHHATTISGARH : BILASPUR
W.P.(S) No.3858 of 2014
PETITIONER Pemeshwari Chaturvedi
Versus
RESPONDENTS State of Chhattisgarh & others
Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra
(Passed on this 11th day of August, 2014)
This writ petition has been filed by the petitioner, who has
submitted her candidature for selection as Staff Nurse pursuant to
the advertisement issued by Divisional Joint Director, Health
Services, Raipur Division, Raipur, vide Annexure P-1. In the said
advertisement, applications have been invited for filling up 439
posts of Staff Nurse, out of which 200 posts are unreserved and
the remaining posts are reserved for S.C., S.T. & O.B.C.
categories.
Essential
qualification
for
the
candidates
was
mentioned as B.Sc. Nursing or PBBSC Nursing or General Nursing
and Senior Midwifery Training Pass with further condition that the
candidates should have live registration with the Chhattisgarh
Nursing
Council
and
that
candidate
shall
submit
duly
attested/verified photocopies of the certificates and mark-sheets.
2.
The petitioner Pemeshwari Chaturvedi has been declared ineligible
on the ground that she did not submit verified/attested mark-sheet
of High School Certificate Examination and B.Sc. Nursing or
2
qualifying examination. The petitioner did submit duly attested
copies at the time when the claims and objections were invited,
however, she was still declared ineligible because the said
submission was after the cut off date.
3.
It is not the case of the respondents that the petitioner lacks
qualification or is less than minimum age or more than maximum
age limit. The only flaw is about submission of non-attested copies.
In this regard, one cannot lost sight of the recent decision taken by
the Central Government doing away with the system of getting the
certificates verified/attested from the Gazetted Officer or by the
Public Notary. Requirement of submitting duly verified and attested
certificates involves longer procedure and most of the time a
candidate is required to take undue pain by moving from one office
to another for getting the documents verified/attested or making
unnecessary expenses for getting the same notarized.
4.
In the year 2009 the Second Administrative Reforms Commission
appointed by the Union Government had recommended abolishing
of requirement of verification by affidavits or by Gazetted Officer. It
recommended that instead of requiring the candidates, who
appeared in different selection process to submit affidavit or
attestation by Gazetted Officers, self certification should be
encouraged. This was recommended to bridge governance deficit
with the hope that it will benefit the people immensely, as all
affidavits not required by law should eventually be done away with.
5.
According to an article published in the Economic Times on
3
09/08/2014, the Department of Administrative Reforms and Public
Grievances (for short 'the DARPG'), Government of India has
taken a decision, based on presentation submitted by the
Secretary to the Government of India, DARPG, that by doing away
with the requirement of filing of affidavits and attestation, the State
of Punjab has saved Rs.600 Crores annually as monetary cost of
getting affidavits. At the same time, the time spent by Government
Officials in attesting the documents is used for other official
purposes.
6.
In the presentation made by the DARPG, based on the experience
of Government of Punjab on similar issue by rationalization of
affidavits for reforming public service delivery system, it was
highlighted that most of the affidavits called for are not required
under any statute or under any provision of law, whereas out of
22.68 Lakh services delivered through the Suwidha Centers,
approximately 14.8 Lakh pertained to attestation of affidavits,
therefore, the Government decided to abolish affidavits which are
not required by Statute.
7.
Identifying the solution, the DARPG proposed that:
• Declarations before Civil Servants are as good as
Affidavits.
• Application forms were drafted containing an
undertaking that 'facts stated are true and correct to
best of his/her knowledge and belief'.
• Any false declaration before a Civil Servant attracts
various penal sections of IPC such as Section 177,
182, 193, 197, 198, 199, 200 & 209.
• As far as admissibility of documents under Indian
Evidence Act, there is no weightage of affidavits over
4
self declarations.
• Replacement of attestation by gazetted officer with
self certification by the citizen.
• Self Attestation of certificates accepted for school,
college admissions, employment authorities.
8.
On the basis of above proposal/solution, the Central Government
has issued a communication dated 02-07-2014 to the Chief
Secretaries, which reads as under:-
“D.O. No.K-11022/67/2012-AR
02.07.2014
Dear,
Kindly refer to Office Memorandum of even
number dated 10 May 2013 regarding abolition of
affidavits and promotion of self-certification and my
letter dated 1st May 2013 on implementation of
recommendations of 2nd ARC wherein the issue of
self-certification has also been reflected in the
attached format (copies enclosed).
2. Some State Governments like Government of
Karnataka, Madhya Pradesh, Meghalaya etc. have
adopted the provision of self-certification of
documents such as mark-sheet, birth certificate etc.
by the applicants/stakeholders. Under the self-
attestation method, the original documents are
required to be produced at the final stage.
3. You will appreciate that the above procedure is
citizen friendly and obtaining either an attested copy
or affidavit not only costs money to the poor citizen
but also involves wastage of time of the citizens as
well as of the Government officials. A presentation on
the subject is attached for your perusal.
4. I will request you to kindly review the existing
requirements of affidavits and attested copy by
Gazetted Officers in various forms in the
Departments and Boards/Corporations/Field offices in
a phased manner and wherever possible, make
provision of self-certification of documents and
abolition of affidavits. “
9.
For the foregoing, this Court is of the view that the requirement of
submitting duly verified/attested copies of certificates while
submitting form for admission or for employment does not serve
5
any useful purpose when a candidate is always required to submit
the original documents at the time of counseling/interview/joining.
Doing away with this requirement will not only save the time of
Government Officers, but it will also save the concerned
candidates from unnecessary exercise in moving from one office to
other or for going to Courts for getting the documents
verified/attested.
10.
This Court also deems it appropriate to direct the General
Administration Department, Government of Chhattisgarh to issue
an order as suggested by the Union Government for rationalization
of affidavits/attestation in the interest of members of public at large,
within a period of 30 days from today.
11.
In the opinion of this Court when the candidate is otherwise
qualified or eligible, mere non-submission of attested/verified
document should not make a candidate ineligible. Since the
petitioner has already submitted duly attested documents at the
time of consideration of claims and objections, this petition
deserves to be allowed.
12. In the result, the writ petition is allowed.
13. Copy of this order be sent to the Chief Secretary, Government of
Chhattisgarh
and
the
Secretary,
Department
of
General
Administration, for doing the needful, as indicated above.
JUDGE
Ashu/Gowri
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