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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Sudhir Kumar Jain, JJ.
Rohit Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 15051 of 2021
Decided On : 26-04-2022




Administrative authorities must comply strictly with recruitment criteria to prevent injustice, even in cases of inadvertent errors, as arbitrary rejections undermine fairness and transparency in public service recruitment.

Headnote:(A) Constitution of India - Articles 14 and 16 - Writ petition challenging cancellation of candidature for Navik (DB) due to a typographical error in the date of issuance of OBC Certificate - The petitioner inadvertently mentioned the date as 10.05.2021 instead of 10.05.2018 - Candidature was canceled during document verification as it did not match requisite formats. (Para 2)

(B) Natural Justice - The petitioner’s cancellation was argued as arbitrary and against principles of natural justice, claiming eligibility after clearing examinations. (Para 4)

(C) Judicial Review - The court emphasized that its review focuses on legality not merit, ensuring individual fair treatment against arbitrary actions. (Para 11)

(D) Recruitment Regulations - The court ruled that recruitment conditions must be strictly followed, reaffirming that deviations could harm other candidates. (Para 17) (E) Final Decision - Petition dismissed based on non-compliance with specified recruitment criteria, no relief granted. (Para 25)

JUDGMENT

Sudhir Kumar Jain, J.

1. The petitioner has filed the present writ petition under Articles 226-227 of the Constitution of India for issuance of appropriate writ against cancellation of his candidature due to incorrect mentioning of date of issuance of OBC Certificate as 10.05.2021 in place of 10.05.2018 while submitting online application for appointment to the post of Navik (DB) in Indian Coast Guard and to allow the petitioner to participate in the selection process as the petitioner has cleared the written examination (Computer Based Test), Physical Fitness Test (PFT), etc.

2. The brief facts as arising from the petition are that the Indian Coast Guard, Ministry of Defence had issued advertisement for filling up the posts of Navik (General Duty), Navik (Domestic Branch) and Yantrik-01/2022 Batch and for the post of Navik (Domestic Branch),50 vacancies (23-UR(Gen), 05-EWS, 17-OBC, 02-ST and 03-SC) were advertised. The petitioner was eligible for the post of Navik (Domestic Branch) and applied online in OBC category with Registration No. 2107NDB0016887.The petitioner was issued e-admit card for Stage-I i.e., Written Examination (Computer Based Online Examination) scheduled to be held on 28.09.2021 at IT Web Solutions, Industrial Area, Phase I, Chandigarh. The petitioner was declared successful in the written examination and shortlisted for Stage-II i.e. Physical Fitness Test and document verification scheduled for 16.11.2021 at Sector-22, Noida. The petitioner cleared physical fitness test and was called for document verification. The petitioner during document verification was asked to sign on a paper as his candidature was stated to be cancelled on the date of issuance of the OBC Certificate as it was not matching with the date of issuance of the OBC Certificate as mentioned in the application form. The petitioner has mentioned the date of issuance of OBC Certificate as 10.05.2021, at the time of filling up of online application due to inadvertent typographical error in place of 10.05.2018. The petitioner showed OBC Certificates dated 10.05.2018 and 10.05.2021 but the concerned authority did not consider the stand of the petitioner. The cancellation of candidature of the petitioner was arbitrary, mala fide and against the principles of natural justice. The petitioner was not even considered for General (UR) Category. The petitioner has submitted a representation on 30.11.2021 for explaining error caused by inadvertent typographical error and asked permission to participate in selection process which was arbitrarily rejected verbally. The petitioner challenged the said acts of the respondents on the grounds that he cannot be denied for further participation in the selection process, the respondents had acted in violation of Articles 14 & 16 of the Constitution of India, the respondents did not consider inadvertent typographical error in mentioning date of issuance of OBC Certificate at time the of submission of online application, the petitioner was not considered for General (UR) Category, the respondents acted arbitrarily, illegally and against principles of natural justice while cancelling verbally the candidature of the petitioner on 16.11.2021 during document verification, the respondents have no right to deprive the petitioner of being appointed at the post of Navik (DB), the respondents did not consider the representation of the petitioner besides other grounds. Being aggrieved, the petitioner has filed the present writ petition and prayed as under: -

a) to quash and set aside impugned action of the respondents in cancellation of candidature of the petitioner during document verification on 16.11.2021 on the ground that the date of issuance of OBC certificate mentioned in the application form as 10.05.2021 whereas it was 10.05.2018 in the original certificate, which was mentioned inadvertently while filling up form for the post of Navik (DB), against principle of natural justice.

b) to declare the impugne

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