A clerical or trivial error in an application form (such as incorrectly naming a recognized board) should not lead to the cancellation of a meritorious candidate's selection if the actual qualifications are valid and verified.

Reserved on 24.11.2025

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

(I) To issue a suitable order or direction to set aside the impugned order dated 06.10.2022 and further direct the respondents to provide appointment and join the applicant on the selected post GDSBPM Khuniyaon B.O in pursuance of appointment order dated 21.09.2022 with all consequential benefits.

(II) To pass such other and further order as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(III) To award cost of the petition in favour of the applicants.”

Brief facts of this case are that the applicant applied in pursuance of the notification published by the respondents whereby it invited applications from the eligible candidates for the selection and engagement to the post of Gramin Dak Sewak under U.P. Circle GDS Cycle-4 on line. The applicant has passed Examination, Madhyamik High School Examination (Matric/Secondary Examination) viz Bhartiya Shiksha Parishad Uttar Pradesh which is equivalent to class Xth of Board which is recognized by central/state Govt. The said certificate was submitted online and after selection the same certificate was given to the respondent no.2 for verification and appointment. The selection committee constituted for selection scrutinized the application and related documents, and result was declared vide order 21.09.2022 wherein the applicant was placed at S.no.314 in the Basti Division in the selection list. After selection by the selection committee, the order was sent to the appointing authority for verification of the documents and appointment. The appointing authority deputed SSPOs Azamgarh for document verification. The appointing authority issued an order to the applicant to be present before the under-signed on or before 06.10.2022 along with original documents for verification of record. In compliance with the order the applicant was present on 06.10.2022 with required documents and provided them to SSPOs Azamgarh for verification. It is submitted that the applicant stated to the SSPOs Azamgarh that due to mistake the name of board was wrongly typed as Indian certificate of secondary education in place of Bhartiya Shiksha Parishad Utter Pradesh and SSPOs Azamgarh sent report to the respondent no.2 by stating Board name not tallied after which the respondents passed the impugned order dated 06.10.2022 informing the applicant that his application has been cancelled.

Submission of learned counsel for the applicant is that respondent no.2 passed the ex parte order without show cause notice and opportunity of hearing in violation of principle of natural justice. The applicant is very surprised to receive the order dated 06.10.2022 through mail stating that documents verification for the Reg.No. SR06AFF9CFDCEF found incorrect on verification by SSP, Azamgarh on 06.10.2022 with the reason selected board name not tallied with uploaded certificate board name and we regret to inform you that your application has been cancelled on the above grounds. The applicant while filling-up the form online, mentioned the name of the board as Indian certificate of secondary education but the mark sheet of Bhartiya Shiksha Parishad Uttar Pradesh was annexed. The said order is a non speaking order and without show cause notice and opportunity of hearing. It is relevant to mention here that it is well settled that after issuing the notification for the selection process, rules relating to selection cannot be modified or changed. In the notification, educational qualification for the candidates required was 10th standard passed from the approved Board recognized by the State Government as well as Central Government. After issuing the notification, now it is not open for the Post Office Department to say that only some of the Board are recognized for the purpose of th