IMPORTANT POINT
The main legal point established is that rejection of a candidate's candidature based solely on an incorrect detail in the application form should be justified by the potential advantage gained from the error.

JUDGMENT

Sanjeev Sachdeva, J. (Oral) - Petitioner impugns letter dated 27.06.2023 whereby the candidature of the petitioner has been rejected on the ground of filling incorrect domicile district in the application form.

2. Issue notice. Notice is accepted by learned counsel appearing for respondents. With the consent of the parties, petition is taken up for final disposal today.

3. Respondent had issued notice for recruitment to the post of Constable (GD) in Central Armed Police Forces (CAPFs), SSF, Rifleman (GD) in Assam Rifles, Sepoy in Narcotics Control Bureau in the year 2022. The applications for participating in such competitive examination were to be submitted online.

4. Petitioner applied pursuant to the said advertisement.

5. The recruitment notice in Clause 1.6 stipulates that the vacancies of Constable (GD) in SSF and NCB will be filled on All India basis whereas vacancies in all other CAPFs will be filled as per vacancies available in various States/Union Territories and in addition vacancies were earmarked for Border Guarding Districts & Militancy/Naxal affected Districts which were reserved for candidates of those Districts only.

6. Petitioner who domiciles in the State of Jharkhand in his application form in Column 18 States/UT of Domicile, mentioned the State of Jharkhand as his State of Domicile and in Column 19 District of Domicile, mentioned District Hazaribagh.

7. In Clause 27 & 28 of the application form while giving his address details, petitioner mentioned that he is a permanent resident of District Chatra in State of Jharkhand.

8. As per the respondents, the domicile certificate furnished by petitioner mentioned that he is resident of District Chatra whereas in the application form in Column 19, petitioner had mentioned his district of domicile as Hazaribagh and as there was a discrepancy in the domicile claim as well as the domicile certificate, the candidature of petitioner has been rejected pursuant to Clause 13.13 which stipulated that the candidates should be careful and must exercise due diligence while providing the information about domicile State and District in the online application form and in case there was any variation of District and/or State mentioned by the candidate, their candidature was liable to be cancelled forthwith.

9. Learned counsel for respondent submits that before submission of online application, candidates must check correct details as change/correction/modification is not allowed as stipulated in Clause 8.6.

10. Learned counsel further submits that repeatedly it is mentioned in the application form that candidates must fill their details very carefully as no change/correction/modification is allowed and any discrepancy would lead to rejection of the candidature.

11. Reference may be had to Clause 1.6 which stipulates that vacancies would be filled as per vacancies available in various States/Union Territories. In addition, different vacancies were earmarked for Border Guarding Districts and Militancy/Naxal affected Districts.

12. Petitioner had filled up the application form specifically stating that his domicile is in the State of Jharkhand. However, in respect of District, he claims to have erroneously mentioned `Hazaribagh' in place of `Chatra'. In his form, he has also given that he is permanently resident of State of Jharkhand.

13. The application form has Annexure-XI as list of Border Guarding Districts and Annexure-XII as list of Militancy/Naxal affected Districts. There are some States which figure in both the list and the concerned districts of those States are also mentioned in Annexure-XI and Annexure-XI. The condition is Clause 1.6 with regard to separate vacancies being earmarked for Border Guarding Districts and Militancy/Naxal affected Districts would be relevant only for those States which figure in both the Annexures. In so far as State of Jharkhand is concerned, all districts of State of Jharkhand figure only in Annexure-XI i.e. Militancy/Naxal affected Districts.

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