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2022 Supreme(P&H) 2068
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ravi Shanker Jha, Arun Palli, JJ.
Sweety Nagar – Appellant
Versus
State Of Haryana & Anr. – Respondents
LPA-226 of 2022 (O&M)
Decided On : 23-08-2022
Mr. Rajesh Goyal, Advocate, for the Appellant; Mr. Deepak Balyan, Addl. AG, Haryana., for the Respondent.
Once a candidate has chosen to apply in a particular category, they cannot later seek a change, especially after the completion of the selection process.
Headnote:
Change of Category - Haryana Staff Selection Commission - Clause X of the Letters Patent Act - CWP-25698-2021 - The court discussed the relevant clauses of the advertisement, particularly Clause 1.2(f, and the 'Important Note' appended to the advertisement, which prohibited any change or correction in the application form after submission. The court also referred to a judgment of the Apex Court in Civil Appeal No.6696 of 2009, which held that once a candidate has chosen to apply in a particular category, they cannot later seek a change. The court found that the appellant was well aware of these clauses and had the opportunity to make corrections before the closing date, but failed to do so. The court also considered that the selection process was already completed, and allowing the change in category at that stage would upset the entire selection process.
Fact of the Case:
The appellant applied for a post of LDC under the General Category but later sought to change her category to BC-B during the scrutiny of documents. The authorities rejected the claim, and the appellant filed a petition which was dismissed by the Single Judge.
Finding of the Court:
The court found that the appellant was aware of the clauses prohibiting changes in the application form and had the opportunity to make corrections before the closing date. The court also considered that the selection process was already completed, and allowing the change in category at that stage would upset the entire selection process.
Issues: The main issue was whether the appellant should be allowed to change her category from General to BC-B after the completion of the selection process.
Ratio Decidendi: The court relied on the relevant clauses of the advertisement, particularly Clause 1.2(f, and the 'Important Note' appended to the advertisement, which prohibited any change or correction in the application form after submission. The court also referred to a judgment of the Apex Court, which held that once a candidate has chosen to apply in a particular category, they cannot later seek a change.
Final Decision: The appeal was dismissed as the court found no merit in allowing the change in category at the stage when the selection process was already completed.
JUDGMENT
Ravi Shanker Jha, C.J. (Oral) - This appeal has been filed by the appellant, under Clause X of the Letters Patent Act, being aggrieved by an order dated 07.01.2022, passed by the learned Single Judge in CWP-25698-2021.
2. The brief facts leading to filing of the appeal are that the appellant applied for appointment pursuant to an advertisement issued by the Haryana Staff Selection Commission, Panchkula, dated 05.07.2019. Admittedly and undisputedly, the appellant applied for the post of LDC under category No.26 in General Category. At the time of selection and scrutiny of documents, the appellant sought to change her category from General to BC-B and for consideration of a claim against the post reserved for BC-B category. The respondent-authorities vide order dated 13.07.2021 rejected the claim of the appellant being aggrieved by which the appellant filed CWP-25698-2021 which has been dismissed by the learned Single Judge vide the impugned order.
3. Learned counsel for the appellant submits that the mistake committed by the appellant was bona fide and that she sought correction of the same before completion of the selection process during scrutiny of documents, in such circumstances, the authorities should have allowed the appellant to change her category and make a claim against the post reserved for BC-B category. He submits that even otherwise posts of BC-B are vacant and, therefore, the appellant be considered and appointed on the post reserved for BC-B category.
4. We have heard learned counsel for the appellant and perused the order passed by the learned Single Judge.
5. Learned Single Judge has taken all aspects into consideration including the relevant clauses of the advertisement which categorically provided that no change or correction in application form filled by the candidate would be permitted. The Court has also taken note of the fact that once a candidate has chosen to apply in a particular category, cannot later on turn around and seek change of the same, and for this purpose the learned Single Judge has quoted a judgment of the Apex Court in Civil Appeal No.6696 of 2009 titled as Rajasthan High Court Jodhpur & another v. Neetu Harsh & another, decided on 29.08.2019.
6. From a perusal of Clause 1.2(f) of the Advertisement, it is evident that no request for change of any particular on the application form shall be entertained by the Haryana Staff Selection Commission after the same has been filled. The important note appended to clause 1.2 of the advertisement makes this fact further clear, which is reproduced for the purpose of convenience as under:
'Important Note:
1. Candidates are advised to fill their application form carefully such as Name, Father's/Mother's name, Date of Birth and Category, Qualification, marks obtained, passing year, photo, Signature, details & fee etc. No request for change of any particular on the online application form shall be entertained by the Haryana Staff Selection Commission after submission of application form.
2. After final submission of application form, no change will be allowed. Candidate will be responsible for any mistake in the data of application form and fees paid by him/her.
3. In case candidate feels that he/she has filled up the form erroneously, he/she should fill up a fresh online application form alongwith fresh requisite fee before closing date."
7. From a perusal of the aforesaid clauses, it is clear that the authorities having contemplated such a situation and having faced them in the past has inserted these important notes in the advertisement cautioning every candidate and advising them to carefully read the application form while filling up the name, father's name, mother's name, date of birth and category, qualification, marks obtained, passing year, photo, signature, details and fee as no request for change of any particular as mentioned in the online application would be entertained subsequently. The clause further makes it clear that any mistake in th
