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2017 Supreme(Del) 1645

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA AND NAVIN CHAWLA, JJ.
RAMAN KUMAR AND ORS - PETITIONERS
Versus
UNION OF INDIA AND ORS - RESPONDENTS
W.P.(C) 6409 of 2016
Decided On : 24-05-2017

Advocates Appeared:
For the Petitioner: Mr. Anuj Aggarwal, Ms. Deboshree Mukherjee
For the Respondents: Mr. Anurag Ahluwalia, with Mr. Brajesh Kr.

The main legal point established in the judgment is the significance of verifying and scrutinizing candidates' documents and qualifications, as well as the consequences of discrepancies in thumb impressions and documents on the candidature.

Headnote:

SSC - Recruitment Process - DOPT OM No. 9/23/71 Estt (D) dated 06-June-1978 and OM No. 35015/2/93-Estt(Res) dated 09-Aug-1995 - The court discussed the provisions of DOPT OM No. 9/23/71 Estt (D) dated 06-June-1978 and OM No. 35015/2/93-Estt(Res) dated 09-Aug-1995, which were referenced in the letter from Deputy Director of the SSC (Central Region) and influenced the decision regarding the verification and scrutiny of candidates' documents and qualifications.

Fact of the Case:

The petitioners applied for selection to the posts of Constable (GD) in the Central Armed Police Forces (CAPFs) and Rifleman (GD) in Assam Rifles. After clearing the written examination, discrepancies were noticed in the documents and qualifications of the candidates.

Finding of the Court:

The court found that discrepancies in thumb impressions and documents led to the cancellation of candidature for several candidates. The court dismissed the writ petitions and granted liberty to challenge the cancellation in separate writ petitions.

Issues: Discrepancies in thumb impressions and documents, cancellation of candidature, and the application of DOPT OM No. 9/23/71 Estt (D) dated 06-June-1978 and OM No. 35015/2/93-Estt(Res) dated 09-Aug-1995.

Ratio Decidendi: The court's decision was influenced by the discrepancies in thumb impressions and documents, leading to the cancellation of candidature. The court also considered the provisions of DOPT OM No. 9/23/71 Estt (D) dated 06-June-1978 and OM No. 35015/2/93-Estt(Res) dated 09-Aug-1995 in reaching its decision.

Final Decision: The court dismissed the writ petitions and granted liberty to challenge the cancellation in separate writ petitions.

JUDGMENT :

SANJIV KHANNA, J.

1. The petitioners, 15 in number, had applied for selection to the posts of Constable (GD) in the Central Armed Police Forces (CAPFs, for short) and Rifleman (GD) in Assam Rifles, in the recruitment process initiated in 2013.

2. After clearing the Physical Standard Test and the Physical Efficiency Test the petitioners had appeared for the written examination held on 12th May, 2013. The petitioners were informed that they had cleared the written examination vide result issued by the by the Staff Selection Commission (SSC, for short) on 28th November, 2013. The write-up accompanying the results had stipulated:-

“10. The list is PROVISIONAL. The candidates whose roll numbers figure in the list would be called for Medical Examination subject to their fulfilling all the eligibility conditions/requirements and also subject to thorough verifications of their identity with reference to their photographs, signatures, handwriting, etc. on the application forms, admission certificates, etc. If on verification from the application form, it is found that any candidate does not fulfil any of the eligibility conditions, he will not be eligible to appear for the Medical Examination. The Commission causes (sic.) further verification of details in the OMR sheets of the candidates and also undertakes post examination/post result analysis of OMR sheets to detect incidence of malpractice...”

3. Medical examination of the qualified candidates was held between January-March, 2014.

4. Deputy Director of the SSC (Central Region), vide letter dated 20th October, 2014 forwarded dossiers of 188 candidates, including the petitioners herein, to the Force Headquarters, Shashtra Seema Bal (FHQ, SSB). This letter records the following:-

“3. Detail scrutiny of the dossier of the candidates has not been done therefore all certificate/testimonials attached with the dossier with reference to essential qualification, caste certificate, domicile certificate, identity verification of the candidates at all the stages of exam etc., may please be verified/checked from the originals and completing all other formalities in accordance with instruction/guideline contained in DOPT OM No. 9/23/71 Estt (D) dated 06-June-1978 and OM No. 35015/2/93-Estt(Res) dated 09-Aug-1995 before issuing offer of appointments.

XXXX

7. IT HAS BEEN OBSERVED DURING GENERAL SCRUTINY OF LEFT THUMB IMPRESSION AND SIGNATURE OF THE CANDIDATES THAT THERE ARE SOME VARIATIONS AT DIFFERENT STAGES OF EXAMINATION. THE COMMISSION HAS DECIDED THAT THOROUGH SCRUTINY WILL BE DONE BY CAPF. IT IS, THEREFORE, REQUESTED THAT THE SAME MAY BE VERIFIED BY GETTING SPECIMENT HANDWRITING AND LEFT THUMB IMPRESSION (LTI) OF CANDIDATES BY GIVING THEM REASONABLE OPPORTUNITY BY ISSUING SHOW CAUSE NOTICE AND THE CANDIDATURE MAY BE CANCELLED IF VARIATION IS ESTABLISHED. WHEREEVER REQUIRED THE OPINION OF EXPERTS LIKE CFSL/GEQD MAY BE TAKEN AT YOUR END.

XXXX

9. Offer of appointment to the candidates forwarded through this letter should be issued at the earliest possible so that the candidates need not have to wait for unduly long period and also the vacancies in question are filled expeditiously.”

5. On examination and scrutiny of signatures, names of mother, handwriting, photographs etc, mismatch and discrepancies were noticed in the case of as many as 187 candidates. To resolve the issue, a Board under the Chairmanship of the Deputy Inspector General, along with two other members, was set up to conduct further detailed verification and scrutiny. This Board, in order to verify and ascertain the truth, took the following steps:-

“The following steps are to be checked/verified/matched by the board in respect of the candidates:

i. Photograph, Left Thumb Impression (LTI), signature, writing and declaration furnished by the candidates in own handwriting on application form filled up through offline mode.

ii. Photo



















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