2019 Supreme(Ori) 256
IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. SARANGI, J.
Satyanarayan Palai - Appellant
Versus
Odisha Gramya Bank and Another - Respondent
Writ Petition (Civil) No. 13036 of 2018
Decided On : 26-03-2019
Advocate Appeared:
Sujata Jena, Adv., G.B. Jena, Adv., B. Jena, Adv., H.K. Mishra, Adv., S.K. Nanda, Adv., A. Nanda, Adv.
Unintentional mistakes in the application process, especially those with no material impact on the selection process, should not disqualify candidates from consideration.
Headnote:
Date of Birth - Eligibility Criteria - 34 of The Rights of Persons with Disabilities Act, 2016 - [34 of The Rights of Persons with Disabilities Act, 2016] - The petitioner applied for the post of Office Assistant (Multipurpose) but his date of birth was wrongly indicated in the online application. The court held that the unintentional mistake in the date of birth should not disqualify the petitioner from the selection process, especially considering his physical disability and the lack of material impact on the selection process. The court directed the authority to allow the petitioner to rectify the mistake and participate in the selection process.
Fact of the Case:
The petitioner applied for the post of Office Assistant (Multipurpose) but his date of birth was wrongly indicated in the online application. The bank rejected his candidature during document verification due to the discrepancy.
Finding of the Court:
The court found that the mistake in the date of birth was unintentional and did not disqualify the petitioner from the selection process, especially considering his physical disability and the lack of material impact on the selection process.
Issues: The main issue was whether the unintentional mistake in the date of birth should disqualify the petitioner from the selection process.
Ratio Decidendi: The court held that the mistake in the date of birth should not disqualify the petitioner from the selection process, especially considering his physical disability and the lack of material impact on the selection process.
Final Decision: The writ petition was allowed, and the court directed the authority to allow the petitioner to rectify the mistake and participate in the selection process.
JUDGMENT :
B.R. SARANGI, J.
1. The petitioner, who was an applicant for the post of Office Assistant (Multipurpose), pursuant to online advertisement issued on 22.07.2017 for Common Recruitment Process for Recruitment of Officers (Scale-I, II & III) and Office Assistant (Multipurpose) in Regional Rural Banks (RRBs)-CRP, RRBs-VI, has filed this application challenging rejection of his candidature during verification of original documents on the ground that at the time of uploading the application through online, his date of birth was indicated as "01.07.1988" though his actual date of birth is "01.06.1988."
2. The factual matrix of the case, in hand, is that Institute of Banking Personnel Selection (IBPS) published an advertisement on 22.07.2017 for Common Recruitment Process for Recruitment of Officers (Scale-I, II & III) and Office Assistant (Multipurpose) in Regional Rural Banks (RRBs)-CRP, RRBs-VI, which was to be conducted between September and November, 2017. The eligibility criteria were prescribed, including the age and educational qualifications. In the said advertisement, age was prescribed between 18 years to 28 years, i.e., the candidate should have not been born earlier than 02.07.1989 and later than 01.07.1999 (both dates inclusive). The persons with benchmark disability, as defined under the Rights of Persons with Disabilities Act, 2016, would be given 10 years relaxation. The educational qualification was prescribed that the candidate must be a Bachelor's Degree in any discipline from a recognized University or its equivalent with proficiency in local language as prescribed by the participating RRBs and working knowledge in computer was desirable. The petitioner, being differently disabled person and is suffering from BH-Ateral moderately severe mixed hearing loss of 48% and with his disability he tried to have a decent living and was otherwise found himself eligible for applying the post of Office Assistant (Multipurpose), submitted his application through online within the prescribed time with prescribed manner on payment of requisite fees. On consideration of his qualification, he was called for online preliminary examination with Roll No.2470802787. The date of examination was fixed to 23.09.2017 and reporting time was 2.45 P.M. The venue of the examination was fixed at ION Digital IDZ Golanthara, Roland Institute of Technology, Surya Vihar, Golanthara, Berhampur, Ganjam, Odisha-761008.
2.1 Accordingly, the petitioner appeared in the online preliminary examination (CWE) for recruitment of Office Assistant (Multipurpose) in Regional Rural Banks. The petitioner cleared up the preliminary examination with a score of 53.75% marks and thereafter, he was called for online main examination to be held at the same venue on 12.11.2017 and the reporting was fixed to 8.30 A.M. Consequentially, he appeared in the said test and having qualified in the said examination, he received a call letter on 12.03.2018 from the opposite party-bank for biometric/document verification and assessment of proficiency test in Odia language. He was directed to remain present on 22.03.2018 at 9.30 A.M. at Odisha Gramya Bank Head Office, Gandamunda, PO-Khandagiri, Bhubaneswar along with certificates and documents for verification. In compliance of the same, the petitioner appeared at the head office along with all the certificates and documents on the scheduled date. But, at the time of verification of documents, it was found that in the online application, the petitioner had furnished his date of birth as "01.07.1988", though his actual date of birth is "01.06.1988". Consequentially, opposite party no.1-bank rejected his candidature and his documents were not accepted and assessed for proficiency test in Odia language. Hence this writ application.
3. Ms. Sujata Jena, learned counsel for the petitioner contended that in all the documents fil