Inadvertent errors in applications do not constitute misrepresentation justifying rejection, supporting fair opportunity in selection.

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicant has filed instant O.A under Section 19 of the Administrative Tribunals Act, 1985 seeking following direction:

(I) To the respondent authority to treat the date of birth of the petitioner as 05.05.2003 as per matriculation certificate, instead of 05.06.2003 on the basis of proof submitted by the applicant like matriculation certificate, affidavit, family I.D. and mistake in the application form was committed by the computer operator and the same was neither intentional or deliberate;

(II) Further this Tribunal may be pleased to direct the respondents to make the selection and appointment of the applicant on the post of Gramin Dak Sevak as the candidates securing equal marks to the applicant and they are younger in age to the applicant have been selected and appointed on the abovesaid post ignoring the claim of the applicant and the applicant is entitled for appointment on the basis of his merit and the applicant may be granted all consequential benefits from the date of candidates lower in merit to the applicant has been appointed;

1. In brief the Chief, Postmaster General, Ambala Circle, invited the application for selection and engagement to the posts of Gramin Dak Sevaks under Haryana Circle at the different places /offices in Haryana vide notification/advertisement in May 2022. The last date for submission of application was 05.06.2022. The engagement to the posts of Gramin Dak Sevaks shall be made and governed by GDS (Conduct and Engagement) Rules 2020 issued vide OM dated 14.02.2020. As per the advertisement, the educational qualification prescribed for the post in question is Secondary School Examination pass certificate of 10th standard having passed in Mathematics and English (having been studied as compulsory or elective subjects) conducted by any recognized board of School Education by the Govt. of India/State Govts./Union Territories in India for all approved categories of GDS. Further the candidate should have studied the local languages at least upto 10th standard (as compulsory or elective subjects).

2. It has been pleaded that as per selection criteria, selection will be made as per the automatic generated merit position of the candidates and the preference of posts submitted by the candidates. This shall be subject to fulfilling of all eligibility criteria as per the rules. No weight age will be given for higher educational qualifications. Only marks obtained in 10th standard of approved Boards aggregated percentage to the accuracy of to 4 decimals will be the criteria for finalizing the selection. Passing of all the subjects as per the respective approved board norms is compulsory. In case candidates get the same marks, the merit order would be taken as Date of birth (higher age as merit). Further candidate can opt choice any five of posts with preference of priority from circle/circles applied. If candidate willfully uploads the case wrong documents/information and unnecessary documents his candidature will not be considered. The candidate will get an SMS on his provisional selection on the prescribed date after selection.

3. The applicant possess qualification of matriculation from the approved board i.e. Haryana School Education Board and training in basic computer from a recognized institution. Therefore, the applicant being fully eligible and qualified for the said post, submitted application form for the said post well in time with choice of Hisar District. However, after submission of the application form, it has come to notice of the applicant that his date of birth in the application has been wrongly mentioned by the computer operator of Cyber Cafe as 05.06.2003 instead of 05.05.20