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2017 Supreme(Del) 2534
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA, NAVIN CHAWLA, JJ.
ARKSHIT KAPOOR - PETITIONER
Versus
UNION OF INDIA AND ORS. - RESPONDENTS
W.P.(C) 3721 of 2017
Decided On : 31-07-2017
For the Petitioner: Mr. Ankit Kohli
For the Respondents: Mr. Dev P. Bhardwaj, Mr. Surender Kumar, Mr. Naresh Kaushik, Mr. Derik Singh
Administrative convenience should not override the rights of the candidate, and disciplinary action should not be taken for trivial errors.
Headnote:
Date of Birth - National Defence Academy Admission - Rule 3 Note 3 of Examination Notice No. 02/2016.NDA-I - Rule 3(b), Note 3, Note 4
Fact of the Case:
The petitioner's candidature for admission to National Defence Academy was cancelled due to furnishing incorrect date of birth in the online application form for NDA&NA Exam (I)-2016. The petitioner sought correction of the date of birth and reconsideration of his candidature.
Finding of the Court:
The court rejected the plea of delay and latches in filing the petition. It found that the mistake in the date of birth had no effect on the petitioner's eligibility. The court also noted the petitioner's successful clearance of the examination and SSB interview.
Issues: The issues revolved around the petitioner's plea for correction of date of birth, reconsideration of candidature, and the application of Rule 3 Note 3 of the Examination Notice.
Ratio Decidendi: The court held that the mistake in the date of birth was inconsequential and of no effect on the petitioner's eligibility. It emphasized that disciplinary action should not be taken for trivial errors and that administrative convenience should not override the rights of the candidate.
Final Decision: The court set aside the cancellation of the petitioner's candidature as arbitrary and unreasonable. It directed the petitioner to be considered for the course commencing after the judgment, if otherwise eligible, without claiming any seniority or other benefits from the NDA&NA Exam (I)-2016.
NAVIN CHAWLA, J.
The petitioner has challenged an order dated 16.01.2017 passed by Union Public Service Commission, Respondent No.2, whereby the candidature of the Petitioner for admission to National Defence Academy was cancelled on the ground of furnishing incorrect information about his date of birth in the online application form for National Defence Academy & Navel Academy Examination-(I), 2016 (NDA&NA Exam (I)-2016), invoking Rule 3 Note 3 of the Examination Notice No. 02/2016.NDA-I.
2. The Union Public Service Commission, New Delhi, Respondent No. 2, vide Examination Notice No. 02/2016-NBA-1 dated 02.01.2016 had invited applications for various posts in Army, Navy and Air Force Wings of National Defence Academy and Indian Naval Academy Course through NDA&NA Examination (1)-2016. The notice had stipulated that candidates born not earlier than 02.07.1997 and not later than 01.07.2000 were eligible to apply. Rule 3(b) of the notice is reproduced herein under:
“3. Conditions of eligibility
(b) Age Limits, Sex and Marital Status:
Only unmarried male candidates born not earlier than 02nd July, 1997 and not later than 1st July, 2000 are eligible.
The date of birth accepted by the Commission is that entered in the Matriculation or Secondary School Leaving Certificate or in a certificate recognised by an Indian University as equivalent to Matriculation or in an extract from a Register of Matriculates maintained by a University which must be certified by the proper authority of the University or in the Higher Secondary or an equivalent examination certificates. These certificates are required to be submitted only after the declaration of the result of the written part of the examination. No other document relating to age like horoscopes, affidavits, birth extracts from Municipal Corporation, service records and the like will be accepted. The expression Matriculation/Higher Secondary Examination Certificate in this part of the instruction includes the alternative certificates mentioned above.
NOTE 1: Candidates should note that only the date of birth as recorded in the Matriculation/Higher Secondary Examination Certificate available or an equivalent certificate on the date of submission of applications will be accepted by the Commission and no subsequent request for its change will be considered or granted.
NOTE 2: Candidates should also note that once a date of birth has been claimed by them and entered in the records of the Commission for the purpose of admission to an examination, no change will be allowed subsequently or at any subsequent examination on any ground whatsoever.
NOTE 3: The candidates should exercise due care while entering their date of birth in the respective column of the Online Application Form for the Examination. If on verification at any subsequent stage any variation is found in their date of birth from the one entered in their Matriculation or equivalent Examination certificate, disciplinary action will be taken against them by the Commission under the Rules.
NOTE 4: Candidates must undertake not to marry until they complete their full training. A candidate who marries subsequent to the date of his application though successful at this or any subsequent examination will not be selected for training. A candidate who marries during training shall be discharged and will be liable to refund all expenditure incurred on him by the Government.”
3. Pursuant to this notice, the petitioner applied online and was issued an Admit Card for the examination to be held on 17.04.2016.
4. The Petitioner while submitting his online application form had mentioned his date of birth as 07.09.1998 instead of 17.09.1998.
5. The petitioner appeared in the written examination, which he successfully cleared and was called for SSB interview at Selection Centre Central, Bhopal, where he submitted all educational certificates and mark sheets in original along with duly attested photocopies.
6. The petitioner claims to have successfully c
