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2018 Supreme(All) 519

ALLAHABAD HIGH COURT
BEFORE : ASHWANI KUMAR MISHRA, J.
RAN VIJAY SINGH AND OTHERS ....Petitioners
Versus
UNION OF INDIA AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 2813 of 2017, 61414 of 2016, 19019, 56620, 17245, 31243 of 2017, 32 of 2018, 33246, 35272, 40117, 54153 of 2017, 2807 and 5145 of 2018, decided on 16th April, 2018)

Advocates:
Advocate Appeared:
Siddharth Khare, Ashok Khare, Shamimul Hasnain, Mohammad Azam and Ashish Kumar Srivastava for the Petitioners; A.S.G.I., Dhruva Kant Chaturvedi, Saurabh Srivastava, Gyan Prakash Singh, Sabhajeet Singh, Krishna Dev Raj, Patanjali Mishra, Om Prakash Gupta, Pramod Kumar Singh, A.K. Pal and Gautam Chaudhary for the Respondents.

Headnote:Appointment—Selection—Constable—Cancellation of provisional selection on ground of impersonation—Legality—Contention of respondents that thumb impression of petitioner do not match, but no such material is placed on record to substantiate it—No opinion of concerned Laboratory disputing specimen thumb impression and admitted thumb impression, available with respondents—Conclusion of respondent-Commission that petitioners had impersonated if was based upon matching of thumb impression or photograph was based only upon handwriting expert’s opinion, however, would not be justified—Signatures and handwriting not tallied and respondents only have confined their conclusion to opinion of handwriting expert—Report of CFSL based upon handwriting expert’s opinion also have not furnished to petitioners—Impugned action of respondents in cancelling petitioners’ provisional selection and debarring them from appearing in any exam conducted by Commission for three years held violative of Article 14 of the Constitution of India—Impugned orders quashed—Direction issued. [Paras 12 to 31]

       Result: Petitions Disposed of.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—This bunch of writ petitions involve common questions of law and fact, and have been heard together. Writ Petition No. 2813 of 2017 (Ranvijay Singh and others v. Union of India and others) is treated to be the leading case. All writ petitions in this bunch are being disposed of by this common judgment.

2. Staff Selection Commission (Central Region), Allahabad published an advertisement inviting applications for appointment to the post of Constable (GD) in Assam Rifles, BSF, CISF, CRPF, ITBP and SSB, for which last date fixed to submit application was 11.1.2013. 22006 posts were advertised and examination was to consist of physical standard test/physical efficiency test, written test and medical test.

3. In the leading Writ Petition No. 2813 of 2017 (Ranvijay Singh and others v. Union of India and others), petitioner Nos. 1, 2, 3, 4, 5, 8, 9, 10, 12, 14, 15, 16, 21, 22, 23, 26, 28, 29, 31, 32, 33, 34, 35 and 36 belong to Other Backward Classes, while petitioner Nos. 6, 7, 13, 17, 18, 20, 25 and 27 belong to General Category. Petitioner Nos. 11, 19, and 30 belong to Scheduled Caste and petitioner No. 24 belong to Scheduled Tribes. Petitioners duly applied for appointment pursuant to advertisement in question and their applications were entertained. Physical standard test/physical efficiency test was got conducted between February, 2013 to April, 2013 at the designated centres, on the dates specified. All the petitioners cleared the test and were found physically fit for the post. The process for selection continued further with admit cards issued to petitioners for appearing in the written test on 12.5.2013, at the centres specified. Petitioners had to carry their proof of identity as specified by the recruitment agency i.e. the Commission. All the petitioners appeared in the written examination and cleared it vide results published in November, 2013. Communication through E-mail was then received by the petitioners requiring them to appear for medical examination between December, 2013 to March, 2014, which too was cleared. Final result was declared in April, 2014, wherein all the petitioners stood provisionally selected for appointment to the post of Constable in CRPF. The final result was also revised in May, 2015, but not to the detriment of petitioners.

4. Nomination list was thereafter issued in the month of November, 2014 for the purposes of appointment of petitioners, provisionally. Although name of the petitioners were forwarded by the Commission to CRPF for appointment, but no appointment orders were issued. This apparently was for the reason that the Commission found mismatch in the signatures and handwriting of petitioners on various documents signed by them and had consequently recommended scrutiny/verification of their candidature.

5. CRPF Authorities in such circumstances issued notices to the petitioners on 5.8.2015. The communication recorded that petitioners’ dossier received from Commission carries endorsement that in different stages of examination i.e. physical standard test/physical efficiency test, written test and medical test, there is mismatch in the handwriting and signatures of the petitioners. Difference in the left thumb impression was also observed. In order to verify such facts, petitioners were required to appear at the concerned office at Allahabad and furnish their handwriting, signatures and thumb impression of left and right hand, for the purposes of its due verification by Central Forensic Science Laboratory (CFSL). The notice further recorded that only in the event petitioners’ identity based upon their signatures and handwriting is established that appointment orders would be issued to the petitioners. The notice further provided that in case the report of Central Forensic Science Laboratory conforms the doubt expressed by the Commission, the

















































































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