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2024 Supreme(Jhk) 1084

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Kiran Kachhap - Petitioner
Versus
Union of India through Secretary, Department of Home Affairs, New Delhi - Respondent
W.P.(S) No. 2347 of 2020
Decided On : 27-02-2024

Advocates:
Advocate Appeared:
For the Petitioner:Mr. J.J. Sanga, Advocate, Mr. Anand Prakash, Advocate
For the Respondents: Mr. Anil Kumar, A.S.G.I.

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.

Headnote:(A) Writ Jurisdiction - Examination Recruitment Rules - The petitioner challenged the rejection of her candidature for Constable (General Duty) based on domicile district mismatch as per the advertisement requirements. (Paras 1, 10)

(B) Application Form Accuracy - Importance of correctness in stating domicile to meet eligibility criteria. Errors in domicile representation led to rejection, which was upheld by the court. (Paras 10)

(C) Recruitment Authority's Discretion - Since the candidate did not fulfill the domicile criteria essential for application, the recruitment authority acted within its discretion, and no illegality was found in the rejection. (Paras 10)

Facts of the case:
The petitioner submitted an application for a constable position but inaccurately filled her domicile information, leading to rejection based on discrepancies noticed during verification.

Findings of Court:
The court confirmed that accurate domicile representation is critical per recruitment guidelines, resulting in lawful rejection of the petitioner's candidacy.

Issues: The key issue was whether the recruitment authorities acted properly in rejecting the candidature due to domicile mismatch as stated in the application.

Ratio Decidendi: The court reasoned that precise details in application forms are vital, and errors, even if unintentional, do not negate responsibility, affirming that the rejection was lawful based on the failure to meet essential eligibility criteria.

Result: Writ petition dismissed.

Table of Content
1. candidature rejection due to domicile mismatch (Para 1 , 2 , 3 , 4 , 5)
2. respondent's position on application error (Para 6)
3. importance of accurate domicile information in applications (Para 7 , 8 , 9 , 10)
4. writ petition dismissed for lack of merit (Para 11)

ORDER :

RAJESH SHANKAR, J.

The present writ petition has been filed for issuance of direction upon the respondents to declare the petitioner’s candidature as successful in the examination held for appointment on the post of the Constable (General Duty) in Central Armed Police Forces (CAPFs)/Organizations in the year 2018 and thereafter to appoint her on the said post. Further prayer has been made for quashing the “Rejection Slip” dated 14.03.2020 (Annexure-3 to the writ petition) issued by the respondent P.O./Member of the Recruitment Board whereby the petitioner’s candidature has been rejected.

2. Learned counsel for the petitioner submits that the Staff Selection Commission issued an advertisement/Notice dated 21.07.2018 for open examination i.e. “Constable (GD) in CAPFs, NIA & SSF and Rifleman (GD) in Assam Rifles Examination-2018” with respect to recruitment of Constables (General Duty) in Border Security Force (BSF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), Indo-Tibetan Border Police (ITBP), ‘Sashastra Seema Bal’ (SSB), National Investigating Agency (NIA) and Secretariat Security Force (SSF) as well as of Riflemen (General Duty) in Assam Rifles. The petitioner after coming to know about the said advertisement, submitted her application for the said posts through online mode. Subsequently, admit-card was issued to her and she appeared in the examination. The petitioner got qualified in written examination, Physical Standard Test (PST), Physical Efficiency Test (PET) and medical examination. Having declared successful in the said examinations/tests, the petitioner was asked to submit the required documents for verification which she submitted before the concerned authority. However, the petitioner was surprised to acknowledge the “Rejection Slip” dated 14.03.2020 issued by the P.O./Member of the Recruitment Board informing that her candidature got rejected due to “Domicile District Mismatch”.

3. It is further submitted that the petitioner subsequently came to know that while filling up online application (Anneuxre-1 to the writ petition), she had mentioned the name of State as “West Bengal” in the column of “State/UT of Domicile” as well as the name of district as “Purulia” in the column of “District of Domicile” at column nos. 16 and 17 respectively of the said online application form whereas the domicile certificate submitted by her for verification was of Village- Baligada, Gram Panchayat- Lali, Block-Namkum, P.O.-Lali, Thana- Namkum, District- Ranchi, Jharkhand.

4. Learned counsel for the petitioner also submits that the petitioner was not computer skilled and therefore she had approached an internet café in Purulia (West Bengal) for getting the online application form filled up pursuant to the advertisement/notice in question. The person, who was filling up the online application form at the instance of the petitioner, had inadvertently mentioned the name of State as “West Bengal” at column no. 16 of the online application form relating to “State/UT of Domicile” and mentioned the name of district as “Purulia” at column no. 17 relating to “District of Domicile”.

5. It is further submitted that the said internet café was situated in Purulia (West Bengal) and the person who was filling up the petitioner’s online application form, perhaps got confused that she actually belonged to Purulia district (West Bengal). Since the said mistake was not intentional, rather the same happened due to lack of knowledge and confusion, as stated hereinabove, the respondent authorities may be directed to ignore the said error and to declare the petitioner successful in the said examination with further direction to appoint her on th

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