The candidature of a candidate is liable to be cancelled only if the candidate puts himself/herself in an advantaged position by committing a mistake while submitting the online application form.

JUDGMENT :

(Order on application for Condonation of Delay)

1. Heard learned counsel for the appellant-State authorities and learned counsel representing the respondent.

2. Having regard to the averments made in the affidavit filed in support of the application seeking condonation of delay, we find that the delay has sufficiently been explained.

3. Accordingly, the application is allowed and the delay in preferring the special is hereby condoned.

(Order on Special Appeal)

4. Heard Shri Ran Vijay Singh, learned Additional Chief Standing Counsel for the appellants-State authorities and Mohd. Ali and Shri Piyush Mishra for the sole respondent. We have also perused the record available before us on this special appeal.

5. This special appeal filed under Chapter VIII Rule 5 of the Rules of the Court impeaches the judgment and order dated 16.08.2021 passed by the learned Single Judge whereby the writ petition filed by the respondent-petitioner, namely, Writ Petition No.17495 (S/S) of 2021 was allowed. Learned Single Judge quashing the order dated 14.07.2021 which was under challenge therein and simultaneously issued a direction to the appellant-State authorities to consider the candidature of the respondent-petitioner for appointment on the post of Assistant Teacher in primary school run by U.P. Basic Education Board by passing an appropriate order within three weeks.

6. At this juncture, we may note that by means of the order dated 14.07.2021 which has been quashed by the learned Single Judge by means of the judgment and order under appeal herein, the claim of the respondent-petitioner for appointment against the post of Assistant Teacher was rejected and accordingly the representation made by her in that regard was also rejected.

7. Submission on behalf of the appellants-State authorities is that the learned Single Judge while passing the judgment and order under appeal has erred in law inasmuch as the provisions contained in the Government Order dated 05.03.2021, the Government Order dated 04.12.2020 and the guidelines issued by means of the Government Order dated 01.12.2018 for considering the candidature/appointment of candidates against the post of Assistant Teacher have completely been ignored. It has been stated that the said guidelines and the Government Orders clearly provide that no candidate would be given any opportunity to rectify the mistake which may have crept in the on-line application form. It has also been argued that in such a situation the only option left with the authorities was to cancel the candidature of the respondent-petitioner.

8. Learned State Counsel has relied upon a judgment dated 27.10.2021 rendered by a Coordinate Bench of this Court in Special Appeal (D) No.716 of 2021, Richa Tripathi vs. State of U.P. and others, and it has, thus, been argued that in the said case of Richa Tripathi (supra) the candidate had furnished separate marks claiming that against the letter "T" and "P" it should be taken as "Total" and" Practical" and the same cannot be termed as "Theory" and "Practical" as in the column the only information sought was total marks. Referring to the Government Order dated 05.03.2021 the Division Bench in the said case of Richa Tripathi (supra) has observed that the said Government Order provided that in case any discrepancy is found in on-line application the candidature is liable to be rejected. The judgment and order in the case of Rich Tripathi (supra) further refers to a judgment of Hon'ble Supreme Court in the case of Jyoti Yadav and another vs. State of U.P. and others, Writ Petition (Civil) No.322 of 2021, whereby a bunch of Writ Petitions were dismissed by means of the order dated 08.04.2021 and the validity of the Government Order dated 05.03.2021 was upheld. Learned State Counsel has thus, submitted that the learned Single Judge while passing the judgment under appeal has not appreciated that the validity of the Government Order dated 05.03.2021 having been upheld, it will have its applicat