W.P.(C) 15051/2021

Page 1 of 20

$~2

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on:

March 29^th, 2022

Decided on:

April 26, 2022

+

W.P.(C) 15051/2021

ROHIT KUMAR

..... Petitioner

Through:

Mr. M.D. Jangra, Advocate.

versus

UNION OF INDIA & OTHERS

..... Respondents

Through:

Mr. Nitin Khanna, Advocate.

%

CORAM:

HON‟BLE MR. JUSTICE SURESH KUMAR KAIT

HON‟BLE MR. JUSTICE SUDHIR KUMAR JAIN

JUDGMENT

SUDHIR KUMAR JAIN, J.

1.

The petitioner has filed the present writ petition under Articles

226-227 of the Constitution of India for issuance of appropriate writ

against cancellation of his candidature due to incorrect mentioning of

date of issuance of OBC Certificate as 10.05.2021 in place of

10.05.2018 while submitting online application for appointment to

the post of Navik (DB) in Indian Coast Guard and to allow the

petitioner to participate in the selection process as the petitioner has

cleared the written examination (Computer Based Test), Physical

Fitness Test (PFT), etc.

2.

The brief facts as arising from the petition are that the Indian

Coast Guard, Ministry of Defence had issued advertisement for

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001513

W.P.(C) 15051/2021

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filling up the posts of Navik (General Duty), Navik (Domestic

Branch) and Yantrik01/2022 Batch and for the post of Navik

(Domestic Branch),50 vacancies (23-UR(Gen), 05-EWS, 17-OBC,

02-ST and 03-SC) were advertised. The petitioner was eligible for the

post of Navik (Domestic Branch) and applied online in OBC

category with Registration No. 2107NDB0016887.The petitioner was

issued e-admit card for Stage-I i.e., Written Examination (Computer

Based Online Examination) scheduled to be held on 28.09.2021 at IT

Web Solutions, Industrial Area, Phase I, Chandigarh. The petitioner

was declared successful in the written examination and shortlisted for

Stage-II i.e. Physical Fitness Test and document verification

scheduled for 16.11.2021 at Sector-22, Noida. The petitioner cleared

physical fitness test and was called for document verification. The

petitioner during document verification was asked to sign on a paper

as his candidature was stated to be cancelled on the date of issuance

of the OBC Certificate as it was not matching with the date of

issuance of the OBC Certificate as mentioned in the application form.

The petitioner has mentioned the date of issuance of OBC Certificate

as 10.05.2021, at the time of filling up of online application due to

inadvertent typographical error in place of 10.05.2018. The petitioner

showed OBC Certificates dated 10.05.2018 and 10.05.2021 but the

concerned authority did not consider the stand of the petitioner. The

cancellation of candidature of the petitioner was arbitrary, mala fide

and against the principles of natural justice. The petitioner was not

even considered for General (UR) Category. The petitioner has

submitted a representation on 30.11.2021 for explaining error caused

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001513

W.P.(C) 15051/2021

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by inadvertent typographical error and asked permission to

participate in selection process which was arbitrarily rejected

verbally. The petitioner challenged the said acts of the respondents on

the grounds that he cannot be denied for further participation in the

selection process, the respondents had acted in violation of Articles

14 & 16 of the Constitution of India, the respondents did not consider

inadvertent typographical error in mentioning date of issuance of

OBC Certificate at time the of submission of online application, the

petitioner was not considered for General (UR) Category, the

respondents acted arbitrarily, illegally and against principles of

natural justice while cancelling verbally the candidature of the

petitioner on 16.11.2021 during document verification, the

respondents have no right to deprive the petitioner of being