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ALI MOHAMMAD MAGREY, VINOD CHATTERJI KOUL
Services Selection Recruitment Board – Appellant
Versus
Naseer Ahmad Tarray – Respondent
Judgment :
Ali Mohammad Magrey, J.
1. In the three appeals, being LPASW No. 35/2019; LPA No.117/2019; and LPA No.237/2019, the decisions of the learned Single Judge are under challenge, whereby the appellants/ respondents in the Writ petitions have been directed to call the Writ petitioners/ respondents herein for counselling, verify their documents and assess their grade by awarding weightage of higher qualification denied to them on account of having omitted to fill-up the requisite column in their online application forms. Besides, certain Writ petitions were also noticed to be pending before the Writ Court involving the same question of fact and the law qua denial of award of marks to higher qualification(s) on the ground of same having been omitted in the online application forms, which petitions, on the consensus of the learned counsel for the parties, stand clubbed herewith these appeals for their decision together. Moreover, in certain Writ petitions the consideration orders issued by the respondents therein (Board) pursuant to the directions of the learned Sing
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.
Trivial mistakes in application forms should not disqualify candidates from selection processes, especially when original documents verify their claims.
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
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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