HC reiterates that once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the status and make a fresh claim [Read Judgment]

28 Jan 2022

By : Mehak

High Court of Punjab and Haryana was dealing with the petition filed under Articles 226/227 craving for issuance of a writ of certiorari for quashing the order dated 13.7.2021, which the claim of the petitioner has been declined besides praying for issuance of a writ of mandamus directing the respondents to consider her candidature under BCB (backward class - B) category instead of General.

Brief Facts:

In response to the advertisement inserted by Haryana Staff Selection Commission, Panchkula respondent for 495 posts of LDC and some other posts, the petitioner had applied for the same under Category No.26, however, her candidature was wrongly filled up under General category instead of BCB by the Computer Operator in the rural area. Since the petitioner could not upload her BCB certificate at the time of submission of online application, she could not mention her category as BCB. The petitioner took up written examination and as per result declared respondent, her roll number figured amongst those of selected candidates. When the petitioner had submitted her documents for scrutiny those included her BCB certificate but the department refused to accept that, rather advised her to submit an application to respondent; the petitioner accordingly did so for reconsidering her candidature under BCB category. As per the final result, the petitioner was not selected as the candidate under General category as the last selected candidate has secured 93 marks, whereas petitioner had obtained 87 marks; whereas under BCB category, the selected candidate had secured 67 marks less than those of the petitioner. The petitioner was not selected for appointment under BCB category.

Petitioner’s Contention:

Learned counsel for the petitioner submitted that the petitioner belongs to rural area, where application forms are filled up by computer operators and such computer operator had inadvertently filled up the application form of the petitioner under General category instead of BCB category, in that way, the petitioner has been greatly prejudiced.

HC’s Observations:

After hearing both the sides Court stated that the petitioner having applied for the post of LDC, it is not believable that she did not know that her application had been submitted as a general category candidate and not under BCB category. The reasoning given by her that she belongs to rural area, where the application forms are submitted online by Computer Operators and the Computer Operator had inadvertently submitted her application under General Category instead of under BCB category, is least convincing.

Court also observed that the petitioner having applied as a general category candidate, taken up the written examination as such besides participating in the process for scrutiny of documents, it is not believable that she did so without realizing that she was appearing as a general category candidate and not a candidate belonging to BCB category. She could not be so naive and simpleton so as to act in such a manner. Her representation for change of category was rightly rejected.

Court found that in the advertisement for the posts it was clearly mentioned that no request for change of any particular of the application form would be entertained by the HSSC. It was also informed that in case the candidate feels that he/she has filled up the form erroneously, then he or she should fill up a fresh online application form along with fresh requisite fee before the closing date.

Court stated that final result has been declared, that means the selection process is over. If the writ petition is accepted that would unsettle the entire process. The petitioner herself having applied under the General category and taken part in the selection process as a general category candidate, however, being unsuccessful to get sufficient marks, wants to change the category to BCB for getting herself selected. Such type of hopping of category in such a manner can certainly be not allowed.

HC Held:

The Court held that “the petitioner had taken up the test and participated in the election process as a general category candidate, the final result in the matter has since been declared, therefore, the petitioner has not been found entitled to change her category to BCB so as to take advantage of reservation. It is not a case of bona fide mistake not effecting third party. No civil right of the petitioner much less any constitutional right is shown to have been violated in this case, which might have justified issuance of proper writ in the matter for curve such alleged violation.”