Candidature can be legally cancelled if a candidate fails to follow mandatory instructions in a recruitment notification, such as filling the form in their own handwriting; clearing examinations does not waive the requirement to comply with all procedural eligibility criteria.

ORDER

BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-

1.The applicant, in this Original Application is challenging the order dated 14.11.2016 (Annexure A-7) by which respondents cancelled the candidature of applicant on the reason that he has not filled up the application form with his own handwriting.

2. The brief facts of the case is that the respondents issued Employment Notification No. SECR/03/2012 inviting applications from eligible candidates for recruitment to 2079 Group-D posts. The applicant being eligible candidates submitted his application in the appropriate format with requisite documents. The applicant passed written examination and secured good rank in the merit also, therefore, he was allowed for Document Verification process which was held on 30.5.2014 wherein respondents found all documents placed by applicant before them genuine and correct. Thereafter, the applicant has received a letter dated 28.1.2015 whereby explanation of the applicant has been sought against the allegation of Impersonation as during document verification some discrepancies were noted in the Application Form, OMR Sheet, 7 Declaration during PET and came to conclusion that someone other than ., applicant had participated in the written test, therefore applicant has been disqualified in the said selection as well as debarring him in subsequent selections of RRC/RRB's. The applicant submitted his explanation to the show cause notice that he himself participated in the written test held on 27.10.2013, therefore, the allegation of impersonation is incorrect. Considering the applicant's explanation and admitting that Applicant himself participated in the Written Test, the Respondents vide their letter dated 14.11.2016 withdrawn the allegation of impersonation but applicant's application form has been rejected on the pretext that he has not filled up the application form as per the requirement under Para 3(3.2) of Employment notification and thus candidature of applicant has been cancelled. The applicant submitted application dated 25.11.2016 and stated that the application form has been filled up by his school teacher. Therefore, the applicant prayed for consideration of his candidature in the said recruitment process, but the respondents have not passed any other order so far.

3. The respondents have filed their reply wherein it has been submitted that after crossing various stages of recruitment process viz. Written & PET, the applicant attended the document verification. During the course of documents verification, some doubt arose as to mismatch in the hand writing of the candidate at various stages of examination, 7 following which RRC had referred the papers of the candidate to ., Government Examiner of questioned documents (GEQD). In his report, GEQD has confirmed that the candidate did not fill up the application form himself. Accordingly Chairman/RRC/Bilaspur vide letter dated 14.11.2016, communicated their decision that the candidature of Applicant against the Notification No. SECR/03/2012 recruitment cycle stand cancelled. The representation/explanation dated 11.05.2015, submitted by applicant to show cause notice dated 28.01.2015, being Annexure A/7, has been considered and decision has been taken for cancellation of his candidature for violation of Para 3 (3.2) of instructions of the Notification dated 25.08.2012. The same has been communicated to Applicant vide letter dated 14.11.2016, being Annexure A/5. It is further submitted that applicant himself admitted vide his explanation dated 25.11.201