Inadvertent category error in application form does not justify candidature cancellation if disclosed suo motu, documents valid, and candidate qualifies on ESM own merit.

ORDER

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief: -

Quash action of respondents in not passing and conveying any order on the representation of the applicant dated 03/04.01.2019 before declaration of final revised result suo motto on one hand while cancelling his candidature internally allegedly on the basis of declaration given by him ignoring the fact that applicant himself brought to notice of authorities that his caste is OBC and not SC and documents uploaded with the Application Form i.e Caste Certificate and Discharge Certificate from Army reflects his caste, ignoring that after document verification and knowledge of above fact applicant was subjected to Medical Examination and Police Verification in view of his merit position in ESM Category as applicant has obtained 54 marks and candidates from Sr. No.15 to 37 selected in ESM (General) result had lesser marks than the applicant (some of whom did not join) and as such the question of change of category became inconsequential as he was liable to be considered and appointed against ESM (General) category on Own Merit basis and lastly Hon'ble High Court of Pb. And Haryana in (ii) Declare that the applicant is eligible for appointment as Constable under ESM (General) category on ‘Own Merit' as per settled law, against one of the 7 clear available vacancies, from date person immediately below the applicant in merit in aforesaid category was so appointed with all consequential benefits and to direct the respondents to undertake the said exercise within a time bound manner.

2. Facts of the case, as pleaded by the applicant are that the applicant is an Ex-Serviceman and was discharged from Army on 01.07.2015. He was characterized as 'Exemplary' KAMER e-certificate. In the month of November, 2015 the respondents issued advertisement to fill 520 posts of Constables in Chandigarh Police. The posts were further sub- categorized into categories i.e. General, OBC, SC which was further sub-categorized as per gender (Male/Female in all categories). Since applicant being Ex Serviceman applied under same Category. The total seats for ESM (General) were 37, ESM (OBC) were 18, ESM (SC) were 12 thereby reflecting allocation of 97 seats to Ex Serviceman. Those ESM in reserved category who fall on own Merit were to be considered against General Vacancy of atleast main category if they were selected without any relaxed standards or in their own General category as ESM forms a homogenous class of its own.

3. The applicant got his form filled through a cyber café helper being resident of a remote area at Sehikalan in Tehsil Surajgarh and since there are less cyber cafes the owner told everyone coming to fill the form that since they consume lot of time, his helper will fill the form. Applicant requested him that he should be allowed to fill the form but since there was rush, there was lot of disturbance and pressure to do fast and in between the cafe helper was also intervening to use key board to fill faster and upload etc. Even the email id for receiving email was given of cyber cafe KAMILDA illing the form the category of applicant was typed SC though it was in fact OBC, though the Caste Certificate uploaded with the application and the discharge Certificate from Army uploaded with application showed his caste as 'Ahir' and category as ‘OBC’. There were other candidates filling the same form and under SC and OBC category too which led to inc