IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Tiloka Ram S/o Sata Ram – Petitioner
Versus
The Union of India, through Secretary, New Delhi – Respondent
S.B. Civil Writ Petition No. 10898 of 2023
Decided On : 11-01-2024
Mismatch of Home Address - Recruitment for Constable (GD) in CAPFs - Para 7.1 & 7.2 of the guidelines.
Fact of the Case:
The petitioner applied for the post of Constable (GD) in CAPFs, qualified all tests, but was rejected due to a mismatch in the home address mentioned in the application form and the domicile caste certificate/other documents.
Finding of the Court:
The court found that the rejection of the petitioner's candidature based on a minor typographical mistake in the home address was not justified, especially considering the petitioner's qualification and meritorious status.
Issues: The main issue was the rejection of the petitioner's candidature due to a mismatch in the home address mentioned in the application form and the domicile caste certificate/other documents.
Ratio Decidendi: The court held that a simple typographical mistake in the home address, which did not grant any undue benefit to the petitioner, should not lead to the rejection of the petitioner's candidature, especially when the petitioner was a meritorious candidate.
Final Decision: The court allowed the petition, quashed the rejection letter, and directed the respondents to take all consequential steps towards the recruitment of the petitioner for the post, if he is otherwise eligible for the same.
ORDER :
1. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:
(1) That rejection slip dated 01.08.2023 (annexure no. 6) is quashed and set-aside.
(2) That respondents may kindly be directed to grant appointment on the post of Constable (GD) in CAPFs, as per the annexure no. 1
(3) That Any other appropriate order or direction by which this Hon’ble court consider just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.
Costs the writ petition may kindly be awarded to the petitioner.”
2. As per the pleaded facts, an advertisement for recruitment of Constable (GD) in Central Armed Police Forces (CAPF), SSF, Rifleman (GD) for the vacancy year 2022 was issued by the respondents and the petitioner applied for the post of Constable (GD) in CAPFs in OBC category, whereafter an online Computer Based Examination was conducted by Staff Selection Commission (SSC), after qualifying the same, the petitioner was called for Physical Standard Test and Physical Efficiency Test (PST/PET) and qualified in this as well. Subsequently, an e-admit card was issued to the petitioner for Document Verification and Detailed Medical Examination, which was scheduled to be held on 01.08.2023. The petitioner appeared for the same before the concerned authority, however, the respondents rejected petitioner’s candidature informing him of the mismatch of home address in form, Domicile and Caste Certificate.
2.1. Thereafter a representation was moved by the petitioner before the respondent no. 3 with regard to the mismatch of home address, however no reply was received to the same. Thus, aggrieved of the action of the respondents, the petitioner has preferred the present petition claiming the afore-quoted reliefs.
3. Learned counsel for the petitioner submits that the reason assigned for rejection of the petitioner’s selection was mismatch of home address as the address mentioned in the application form of petitioner was “Devraj Nagar, Khadeen, Ramsar, Barmer, Rajasthan” instead of “Rajiv Nagar, Khadeen, Ramsar, Barmer, Rajasthan” and instead of providing the petitioner with a chance to rectify the said typographical mistake and prove the veracity of his correctness of his home address, the respondents simply rejected the petitioner’s candidature. Learned counsel has drawn the attention of this Court towards copy of aadhar card, OBC certificate, 10th marksheet, 12th marksheet, Bonafide Resident Certificate to showcase that the Home address of the petitioner is in fact “Rajiv Nagar”.
3.1. Learned counsel also submits that the mistake made by the petitioner was a common mistake and was not such that could not be rectified; further, the petitioner had not taken any advantage nor mislead the respondents in order to secure his selection on the post in question and placed reliance on the judgment rendered by a Division Bench of the Hon’ble Delhi High Court in the case of Vikash Kumar Yadav vs. Union of India and Others in W.P. (c) 12610/2023, C.M. Application Nos. 49726, 49727 of 2023, decided on 25.09.2023. Learned counsel further submits that there are catena of judgments of the Hon’ble Supreme Court and of Hon’ble High Courts allowing candidates for appointment in similar situated circumstances.
4. On the other hand, learned counsel for the respondents while opposing the submissions made on behalf of the petitioner, submits that the Board of Officers examined the documents of the petitioner as per the guidelines issued by Nodal Force CRPF vide letter No. A. VI-1/2022-Rectt (SSB)-Ct/GD-2022 dated 12th June 2023 and the advertisement published by the SSC. Further, as per the aforesaid advertisement, it was clearly mentioned under the head of “Procedure for filing online Application” cau
A minor typographical mistake in the home address, which does not grant any undue benefit, should not lead to the rejection of a meritorious candidate's candidature.
Correct domicile representation in application forms is essential for recruitment eligibility; errors may lead to lawful rejection as per the clear terms of the recruitment notice.
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 ....
Applicants must provide correct domicile status and meet the cut-off marks for the applied categories in recruitment processes.
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