IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
The Secretary, Staff Selection Commission & Others – Appellant
Versus
N. Rangaraj & Others – Respondent
Rev. Application Nos. 7, 8, 9, 10, 11 of 2021 in W.P. No. 2410 of 2020, 4209 of 2020, 4211 of 2020, 4592 of 2020 & 5205 of 2020 & WMP Nos. 1063, 1064, 1065, 1068, 1074 of 2021
Decided On : 03-02-2021
Review Petitions - Domicile District Correction - CPC, 1908 - Article 226 of the Constitution of India - [CPC, 1908, Article 226] - The court allowed the respondents to carry out corrections in their domicile district and proceed with their selection, but the review petitions were filed on the ground that the concession given by the Central Government Standing Counsel goes against the terms and conditions of the notification. The court held that the concession given by the counsel will not bind the petitioners and that the orders passed by the court in the writ petitions suffer from an error apparent on the face of the record, leading to the dismissal of the writ petitions.
Fact of the Case:
The respondents' candidature for constable posts was rejected due to variance in the domicile district mentioned in the application and the certificate produced by them. The court allowed the respondents to carry out corrections and proceed with their selection, but review petitions were filed on the ground that the concession given by the Central Government Standing Counsel goes against the terms and conditions of the notification.
Finding of the Court:
The concession given by the Central Government Standing Counsel will not bind the petitioners, and the orders passed by the court in the writ petitions suffer from an error apparent on the face of the record, leading to the dismissal of the writ petitions.
Issues: 1. Whether the concession given by the Central Government Standing Counsel will bind the review petitioners and whether there is any error apparent on the face of the record in the orders passed by the court in the writ petitions. 2. Whether there is any error apparent on the face of the record in the orders passed by the court in the writ petitions.
Ratio Decidendi: The concession given by the Central Government Standing Counsel will not bind the petitioners, and the orders passed by the court in the writ petitions suffer from an error apparent on the face of the record, leading to the dismissal of the writ petitions.
Final Decision: All the review petitions are allowed, and the writ petitions filed by the respondents shall stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
JUDGMENT :
(Prayer in Rev.Apln No.7/2021: Review Petition filed under Article 226 of the Constitution of India read with Order 47 Rule 1 of CPC, 1908, to review the order dated 7.02.2020 in W.P.No.2410 of 2020 passed by this Court.
Prayer in Rev.Apln No.8/2021: Review Petition filed under Article 226 of the Constitution of India read with Order 47 Rule 1 of CPC, 1908, to review the order dated 21.02.2020 in W.P.No.4209 of 2020 passed by this Court.
Prayer in Rev.Apln No.9/2021: Review Petition filed under Article 226 of the Constitution of India read with Order 47 Rule 1 of CPC, 1908, to review the order dated 21.02.2020 in W.P.No.4211 of 2020 passed by this Court.
Prayer In Rev.Apln No.10/2021 :- Review Petition filed under Article 226 of the Constitution of India read with Order 47 Rule 1 of CPC, 1908, to review the order dated 24.02.2020 in W.P.No.4592 of 2020 passed by this Court.
Prayer in Rev.Apln No.11/2021 :- Review Petition filed under Article 226 of the Constitution of India read with Order 47 Rule 1 of CPC, 1908, to review the order dated 28.02.2020 in W.P.No.5205 of 2020 passed by this Court.)
1. The issue involved in all these petitions are common and hence they are taken up together, heard and finally disposed through this common order.
2. The respondents in these review petitions filed writ petitions challenging the order passed by the 5thpetitioner is these petitions and for a consequential direction to permit them to correct the mistake that occurred while mentioning the District of domicile in the online application submitted by them.
3. The 1stpetitioner issued a notification calling for applications to fill up the post of constables (GD) in CAPFS, NIA and SSF and Rifleman (GD) in Assam Rifles Examination, 2018. The respondents succeeded in the written examination, physical test and in the medical test. However, their candidature was rejected by the 5thpetitioner on the ground that they have not given the correct information under the column District of Domicile. The District of domicile mentioned in the application and the one that was mentioned in the certificate produced by them were in variance. The particulars of the same is shown by way of a tabular column hereunder:
| S. No | Name of the Respondent/ Writ Petitioner | Review Petition No. | Domicile mentioned in the Application | Domicile certificate found during verification |
| 1. | N. Rangaraj | 7 of 2021 | Madurai | Theni |
| 2. | T. Singaravelan | 8 of 2021 | Kancheepuram | Chennai |
| 3. | P. Seenu | 9 of 2021 | Kancheepuram | Chennai |
| 4. | M. Arul | 10 of 2021 | Dharmapuri | Krishnagiri |
| 5. | K.Arockia Kamaraj | 11 of 2021 | Tiruchirappalli | Ariyalur |
4. This Court without going into the merits of the claims made by the respondents, based on the concession given by the CGSC, allowed the writ petitions and permitted the respondents to carry out the corrections and further directed to proceed further with their selection in accordance with the notification.
5. These review petitions have been filed mainly on the ground that the concession was not given by the Central Government Standing Counsel after getting instructions from the petitioners and such a concession goes completely contrary to the terms and conditions of the notification issued by the 1stpetitioner and that it will have wide ramifications in view of the fact that it is a pan India selection.
6. Mr. R. Sankaranarayanan, learned Additional Solicitor General of India (hereinafter called as “ASG”) , appearing on behalf of the petitioners submitted that the notification published by the 1stpetitioner in more than one place has clearly mentioned that the candidates must be very careful and should exercise due diligence while filing the online application and under no circumstances the change of domicile State and District will be entertained by the commission after submission of the appli
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