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BIREN VAISHNAV, PRANAV TRIVEDI
Programme Officer – Appellant
Versus
Sharmilaben Jitendrakumar Baria – Respondent
ORDER :
(Pranav Trivedi, J.)
1. Both these appeals under Clause 15 of the Letters Patent assails the correctness and validity of the common order dated 02.02.2024 passed by the learned Single Judge in Special Civil Application Nos. 515 of 2024 and 518 of 2024. Since in both the appeals a challenge is to a common order passed by the learned Single Judge, we are inclined to take both the appeals for adjudication.
2. In Letters Patent Appeal No. 188 of 2024 the respondent – original petitioner had applied for the post of Anganwadi worker at Jambusar Baria Faliya, Village Jambusar, Taluka : Devgadh Bariya. Pursuant to the application made by the petitioner, candidature of the petitioner was rejected on the ground that the petitioner had mentioned total marks scored in Semester-I examination of a degree course as 800 marks instead of 900 marks. On the basis of such mistake, the candidature of the petitioner was rejected.
3. In Letters Patent Appeal No. 189 of 2024, the respondent – original petitioner had applied for selection to the post of Anganwadi Worker at the Anganwadi Center at Jambusar Sarpanch Faliya, Village Jambusar, Taluka : Devgadh Baria, District Dahod. In this case, the candi
Candidates who fill incorrect marks that disadvantage them should not have their candidature cancelled, while those who gain an advantage through errors may face disqualification.
The candidature of a candidate is liable to be cancelled only if the candidate puts himself/herself in an advantaged position by committing a mistake while submitting the online application form.
on a reading of the Government Order and Circulars applicable it is quite clear that wherever a candidate had put himself in a disadvantageous position as stated above his candidature shall not be ca....
Point of Law : As delay in disposal of the writ petitions would further entail delay in conclusion of the process of selection.
Trivial errors in application forms should not disqualify candidates from public employment, especially when no malafide intent is present, balancing justice with administrative efficiency.
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