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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali, J.
Reena Choudhary D/o Mahaveer Prasad Saharan - Appellant
Vs.
State Of Rajasthan, Through Its Secretary, Department Of Ayurveda, Yoga And Naturopathy, Government Of Rajasthan, Secretariat, Jaipur (Raj.). - Respondent
Civil Writ Petition No. 10878, 10911 of 2024
Decided On : 22-08-2024
Recruitment - Writ Petition - Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Service Rules, 1966 - The court upheld the strict adherence to application deadlines and the prohibition of post-deadline corrections, emphasizing administrative efficiency and candidate responsibility.
Fact of the Case:
The petitioners applied for recruitment as Compounder/Nurse Junior Grade but faced issues due to an automatic change in their application category from Non-TSP to TSP, which they attributed to a website error. They sought to correct this after the application deadline.
Finding of the Court:
The court found that the petitioners failed to adhere to the correction window provided in the advertisement and that their negligence in not verifying their application details precluded them from seeking changes post-deadline.
Issues: Whether the petitioners could be allowed to correct their application category after the deadline due to a claimed website error.
Ratio Decidendi: The court held that candidates must ensure the accuracy of their applications within the stipulated correction period, and that allowing changes post-deadline would disrupt the recruitment process.
Result: The writ petitions are dismissed.
ORDER :
1. Both these writ petitions involve identical issue and relates to the same recruitment process, therefore, the same are being decided by this common order.
2. The facts relevant for disposal of the case are that the respondents issued an advertisement (Annex.1) inviting applications from the eligible candidates for recruitment on the posts of Compounder/Nurse Junior Grade lying vacant in the TSP and Non-TSP areas under the provisions of the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Service Rules, 1966. The petitioners herein considering themselves to be eligible submitted the online application forms. As per the petitioners, they belong on Non-TSP are and as such, they submitted the application in the said category. There was a note appended to the advertisement mentioning that after submitting the application form, if any candidate wants to make correction in the application except generic data, then a window of 3 days will be available after the last date of submission of the application form, i.e. upto 08.11.2023. It is urged by the petitioners that they made certain minor corrections in the application forms during the aforesaid period, however, due to server or website problem, their category changed automatically from "Non-TSP" to "TSP". The petitioners came to know about this fact when the list of candidates for document verification was issued on 29.06.2024 and they found their name in the TSP category. It is the case of the petitioners that they are permanent residents of Non-TSP area and since their names were not included in that category, their documents verification could not be made. The petitioners submitted representation to the respondents in this regard but to no avail. Hence, they have approached this court by way of this writ petition.
3. Learned counsel for the petitioners submits that the petitioners are meritorious candidates and have attained more than the cut off marks, but due to bonafide mistake, which occurred due to website problem, they are being deprived of recruitment, whereas the persons less meritorious than them are going to be appointed. Learned counsel for the petitioners submits that the selection process has yet not been completed and thus, no third party rights have been created, therefore, the respondents may be directed to allow the petitioners to make correction in their category and include them in the selection process in the category to which they belong. To substantiate his submission, learned counsel for the petitioners has place reliance on the following judgments :-
(2) Dolly Chhanda Vs. Chairman, JEE & Ors. [AIR 2004 SC 5043]
(3) State of Rajasthan & Ors. Vs. Prerna Suhalka (D.B. Civil Special Appeal (Writ) No.279/2016 decided on 16.07.2021)
(4) Prema Choudhary Vs. The Rajasthan High Court, Jodhpur & Anr. (S.B. Civil Writ Petition No.13406/2017 decided on 30.05.2018)
(5) Asif Ali Khan Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.9455/2019 decided on 04.09.2019)
(6) Prince Raj Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13136/2018 decided on 20.05.2024)
(8) Suman INaniyan Vs. State of Rajasthan (S.B. Civil Writ Petition No.4465/2020 decided on 25.11.2020)
(9) Eshara Ram Vs. The State of Rajasthan (S.B. Civil Writ Petition No.7965/2019 decided on 24.03.2022)
4. Per contra, learned counsel for the respondents submits that it is clearly mentioned in the advertisement that only those candidates who belong to the TSP area should apply in that category and they have to furnish the TSP certificate when demanded. He further submits that the advertisement in unequivocal terms provides that after the three days' window for rectification of errors, no further opportunity shall be provided for the same. He submits that if the candidates are allowed to make corrections in the application forms for indefinite period, then it would be very difficult to finalize the recrui
Candidates are bound by the entries in their application forms and cannot make corrections after the specified deadline, ensuring administrative efficiency in recruitment processes.
Candidates must ensure accuracy in applications and cannot seek post-deadline corrections, emphasizing the importance of adhering to recruitment protocols.
Candidates must adhere to application guidelines and deadlines; negligence in application cannot be excused.
Candidates cannot amend application forms after the specified deadline, ensuring administrative efficiency in recruitment processes.
Trivial errors in application forms should not disqualify candidates from public employment, especially when no malafide intent is present, balancing justice with administrative efficiency.
Candidates must rectify defects in the application form within the stipulated period and cannot seek court intervention to allow rectification beyond the prescribed time, except in exceptional cases.
A candidate's clerical mistakes in an application form cannot be corrected post-submission if they affect eligibility, reaffirming that applicants must verify information carefully.
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