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RAJESH BINDAL, PIYUSH AGRAWAL
Ashutosh Kumar Srivastava – Appellant
Versus
State of U. P. – Respondent
ORDER :
1. This order will dispose of a bunch of special appeals and writ petitions. The issue for consideration before this Court is regarding rejection of claim of the candidates, who had applied for the post of Assistant Teacher in Primary School. The advertisement for the same was issued on December 5, 2018 and the select list was notified on May 12, 2020. The candidates were directed to report at the respective districts for which their selection was made. During the course of counselling, their certificates were to be checked. In the said process, the candidature of number of candidates was rejected as it was found that there were discrepancies in the marks filled up by them in on-line applications as compared to the marks mentioned in the mark-sheets produced by them during counselling.
2. Some of the writ petitions were dismissed by the learned Single Judge against which the candidates are in appeals whereas in some cases, the writ petitions were allowed against which the Basic Education Board (hereinafter referred to as 'the Board') is in appeal.
3. In three special appeals bearing Special Appeal Nos. 98, 835 and 845 of 2022, interim orders passed by the learned Single Judge
Point of Law : As delay in disposal of the writ petitions would further entail delay in conclusion of the process of selection.
Candidates who fill incorrect marks that disadvantage them should not have their candidature cancelled, while those who gain an advantage through errors may face disqualification.
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.
on a reading of the Government Order and Circulars applicable it is quite clear that wherever a candidate had put himself in a disadvantageous position as stated above his candidature shall not be ca....
Candidates must accurately fill application forms; errors cannot be rectified post-submission to uphold recruitment integrity.
Appellant has failed to make out a case for issuance of a writ in the nature of mandamus commanding the respondents to rectify the mistake made by her in her online submission
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
The recruitment process must ensure equal treatment of all candidates, upholding constitutional principles of fairness and non-discrimination.
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