Patna High Court: Nepal certificate invalid for PDS licence

The Patna High Court has ruled that for Public Distribution System (PDS) licence eligibility, an educational certificate must be recognised by the Indian government or authorities within India. A single bench of…

The Patna High Court has ruled that for Public Distribution System (PDS) licence eligibility, an educational certificate must be recognised by the Indian government or authorities within India. A single bench of Justice Girijish Kumar upheld the rejection of a candidate who submitted a computer certificate from an institute in Nepal.

Patna High Court: Nepal certificate invalid for PDS licence

The petitioner, Samim Mansuri, applied for a PDS shop licence with a Basic Computer Degree Certificate from Golden Computer & Educational Centre in Nawalparasi, Nepal. He argued he was higher on the merit list than the selected candidate, Sikandar Ansari, but was rejected solely because his certificate was from Nepal. Ansari's certificate came from an authorised Indian institution.

The court noted a January 30, 2018 order by the Sub-Divisional Officer, Bagaha, requiring government-recognised qualifications. Citing Article 12 of the Constitution, the court held 'Government' means the Government of India or authorities within its territory or control. Finding no error, the court dismissed the petition.

Indian Opinion Analysis

The ruling clarifies that 'government recognition' for licences means recognition by Indian authorities, not any foreign government. This affects thousands of candidates from border districts who study in Nepal due to lower costs. The key question is whether other states will adopt similar interpretations. The next step is whether the petitioner appeals to a division bench.


Source: livelaw.in

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