JUDGMENT

J.R. MIDHA, J.

1. The appellant has challenged the judgment dated 4^th September, 2013 whereby the learned Single Judge dismissed her writ petition. The appellant is seeking appointment to the post of Supervisor Trainee (HR) in Bharat Heavy Electronics Ltd. (5BHEL6) by setting aside of the order of cancellation of the offer of her appointment. Respondent nos.2 to 4 are the contesting respondents and are hereinafter referred to as 5the respondents6 instead of respondents no.2 to 4.

2. Factual matrix

2.1 The appellant, BBA from I.P. University and Chartered Financial Analyst in ICFAI University, applied for the post of Supervisor Trainee (HR) in BHEL and was selected on the basis of performance in the written examination followed by the interview. At the time of interview dated 18^th June, 2012, the appellant8s submitted the bio-data form. Para 12 of the said form is relevant and reproduced hereunder:

12.Whether involved in any Criminal case / Law suit at any time?

Yes No If yes, please give current status …………………………………=

2.2 On 3^rd September, 2012, BHEL issued the provisional offer of appointment to the appellant. The appellant was required to submit the attestation form before the issuance of final offer of appointment.

2.3 On 24^th September, 2012, the appellant submitted the attestation form in which, in reply to 7Para 12(i)8, she disclosed that an application was pending under Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to in short as 5DV Act6). The appellant attached the copy of the notice with the attestation form. Relevant portion of the attestation form is reproduced hereunder:

<12. (a) Have you ever been arrested? No (b) Have you ever been prosecuted? No (c) Have you ever been kept under detention? No (d) Have you ever been bound down? No (e) Have you ever been fined by a Court of Law? No (f) Have you ever been convicted by a Court of Law for any offence? No (g) Have you ever been debarred from any nomination or rusticated by any University or any other educational authority institution? No (h) Have you ever been debarred/disqualified by any Public Service Commission Staff Selection Commission for any of its examination selection? No (i) Is any case pending against you in any Court of law at the time of filling up this Attestation Form? Yes (ii) If the answer to any of the above mentioned questions is Yes, give full particulars of the case / arrest/detention / fine/ conviction/sentence/punishment etc. and/or the nature of the case pending in the Court/University/Educational Authority etc. at the time of filling up this form.

Complaint pending under Domestic Violence Act (Brother and Sister in Law Matrimonial Dispute)

I here also attach a copy of Court Notice

2.4 On 26^th September, 2012, the appellant reported for joining but was not allowed to join and was told to furnish the copy of the application under DV Act mentioned in her attestation form. On 28^th September, 2012, the appellant visited the office of the respondents to submit the copy of the said application but the same was not taken and she was told that these documents are not needed anymore. The appellant sent an e-mail to the Manager (HR) on 28^th September, 2012 to place this fact on record. The copy of the same has been filed along with the writ petition.

2.5 Vide letter dated 9^th October, 2012, BHEL cancelled the provisional letter of appointment to the appellant on the ground that she had suppressed the material fact of the pendency of case under DV Act in the bio-data form dated 18^th June, 2012. The letter dated 9^th October, 2012 is reproduced hereunder:

3^rd Sept., 2012, for the post of Supervisor Trainee (HR).

You submitted the attestation form on 24^th Sept., 2012, in which you have indicated that there is a case pending against you under Domestic Violence Act. It is noticed that you had suppressed this material fact in the Bio-data form, which you filled on 18^th June, 2012 at the time of interview.

In this connection your attentio