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2022 Supreme(Pat) 323

IN THE HIGH COURT OF JUDICATURE AT PATNA
MADHURESH PRASAD, J.
(1.7.2022)
CWJC No. 9953 of 2020
Md. Shamsher : Petitioner
Vs.
State of Bihar & Ors. : Respondents

Advocates:
For the Petitioner: Mr. Umesh Kumar Mishra.
For the Respondent: Mr. Shaildendra Kr. Diwedi.

Headnote:

Service Law – Appointment – Post of Special Survey Amin – Petitioner had participated in selection process based on advertisement with open eyes without raising any objection to terms of advertisement – Petitioner is bound by terms of advertisement which uniformly applied to all candidates – It is only in interest of fairness in selection process to maintain uniform stand and not allow any correction/modification in details entered in online application, without any discrimination whatsoever – Besides, there is a clear stipulation that correction/modification of details entered in online application is not to be allowed – Petitioner has no legal right to claim such modification/correction in online application forms – Writ petition dismissed. (Paras 28 to 32)

Vimlesh Kumar Vs. State of Bihar & Ors., CWJC No. 7780 of 2020 – Distinguished.

JUDGMENT

MADHURESH PRASAD, J.:–

Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing.

2. Heard learned counsel for the petitioner and learned State counsel.

3. An advertisement for appointment on the post of Special Survey Amin was published by the respondents. The advertisement Number is 01/2019. The petitioner has submitted his application online under the procedure specified in the advertisement.

4. The petitioner’s grievance is that while entering his educational qualifications online, he committed two mistakes. The first mistake is that he has claimed his qualification to be issued by government institution. The second mistake that he has committed, is that he has claimed the qualification to be from a government institution in the State of Bihar.

5. The admitted position is that he has qualifications, but from a private institution, that also, in the State of Haryana.

6. It is, therefore, submitted by the petitioner’s counsel that the petitioner being qualified in terms of the advertisement, could not have been disqualified or excluded from the process of selection based on such a mistake. It is submitted by Mr. Mishra who has appeared through virtual mode, that after the application was submitted online, an important notice was issued by the authorities on 25.05.2019, affording an opportunity to the applicants to cross-check certain details and in case of any mismatch, how the same was to be resolved.

7. Mr. Mishra further submits that respondents themselves had issued another notice inviting applications from the applicants for rectification of errors in the process of application. The same is dated 27.05.2019 (Annexure-8 to the writ petition).

8. Petitioner had responded to the said notices and brought the above mistake to the attention of the authorities for its rectification. The same was not considered at that point and the authorities were of the view that this was an issue which was required to be considered at the time of counselling. This submission is based on Annexure-10 of the writ petition.

9. It is his submission that the authorities had granted two opportunities for rectification of errors and the petitioner, in the process, had responded to these opportunities and brought the mistake to the notice of authorities, still the petitioner’s candidature has been rejected and the petitioner’s application for correction of the errors has not been considered.

10. Several such issues arose in the process of selection and, therefore, the authorities by way of one notice dated 27.02.2020 again gave an opportunity to the applicants to make objections in relation to various advertisements issued by the Revenue and Land Reforms Department, Government of Bihar, including advertisement No. 01/2019 wherein the petitioner had participated.

11. Again the petitioner had submitted his objection in response to the said notice and it has been rejected, which is evident from the notice dated 21.05.2020 (Annexure-17). The consideration of the petitioner’s objection is at serial no. 24, and reads as follows:—

eksñ 'ke'ksj

049199

fo'ks"k losZ{k.k vehu in ds fy, tkjh lwph esa College Category  rFkk State Name vkSj  Reject  List esa vk tkus ds lacaèk esa

R-11

dkmalfyax ds le; vkosnd }kjk  vius vkosnu esa vafdr fcgkj  ljdkj ds ikWfyVsfDud dkWyst dk  izek.k i= u fn[kus ds dkj.k vkosnu  vLohÑr fd;k x;kA

12. On his own volition, petitioner, has again made an application to the Additional Chief Secretary in the Revenue and Land Reforms Department, requesting that the inadvertent error committed by the petitioner in entering details of his educational qualification to be rectified.

13. It is submitted that since the posts are still vacant, the petitioner is qualified and has made his application for rectification within time, the authorities should have given the

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