Delhi High Court

Raman Kumar And Ors. vs Union Of India And Ors on 24 May, 2017

$~8
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+                 W.P.(C) 6409/2016
                                 Date of decision : 24 th May, 2017

      RAMAN KUMAR AND ORS                    ..... Petitioners
                 Through: Mr.Anuj Aggarwal, Ms.Deboshree
                 Mukherjee, Advs.

                         versus

      UNION OF INDIA AND ORS                       ..... Respondents
                    Through: Mr.Anurag Ahluwalia, CGSC for R-1 to
                    3 with Mr.Brajesh Kr. Central Govt. Pleader.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA
      HON'BLE MR. JUSTICE NAVIN CHAWLA

      SANJIV KHANNA, J. (Oral)

1. The petitioners, 15 in number, had applied for selection to the posts of

Constable (GD) in the Central Armed Police Forces (CAPFs, for short) and

Rifleman (GD) in Assam Rifles, in the recruitment process initiated in 2013.

2. After clearing the Physical Standard Test and the Physical Efficiency

Test the petitioners had appeared for the written examination held on 12 th

May, 2013. The petitioners were informed that they had cleared the written

examination vide result issued by the by the Staff Selection Commission (SSC, for short) on 28th November, 2013. The write-up accompanying the

results had stipulated:-

"10. The list is PROVISIONAL. The candidates whose roll numbers figure in the list would be called for Medical Examination subject to their fulfilling all the eligibility conditions/requirements and also subject to thorough verifications of their identity with reference to their photographs, signatures, handwriting, etc. on the application forms, admission certificates, etc. If on verification from the application form, it is found that any candidate does not fulfil any of the eligibility conditions, he will not be eligible to appear for the Medical Examination. The Commission causes (sic.) further verification of details in the OMR sheets of the candidates and also undertakes post examination/post result analysis of OMR sheets to detect incidence of malpractice..."

3. Medical examination of the qualified candidates was held

between January-March, 2014.

4. Deputy Director of the SSC (Central Region), vide letter dated 20 th

October, 2014 forwarded dossiers of 188 candidates, including the

petitioners herein, to the Force Headquarters, Shashtra Seema Bal (FHQ,

SSB). This letter records the following:-

"3. Detail scrutiny of the dossier of the candidates has not been done therefore all certificate/testimonials attached with the dossier with reference to essential qualification, caste certificate, domicile certificate, identity verification of the candidates at all the stages of exam etc., may please be verified/checked from the originals and completing all other formalities in accordance with instruction/guideline contained in DOPT OM No. 9/23/71 Estt (D) dated 06-June-1978 and OM No. 35015/2/93-Estt(Res) dated 09-Aug-1995 before issuing offer of appointments.

XXXX

7. IT HAS BEEN OBSERVED DURING GENERAL SCRUTINY OF LEFT THUMB IMPRESSION AND SIGNATURE OF THE CANDIDATES THAT THERE ARE SOME VARIATIONS AT DIFFERENT STAGES OF EXAMINATION. THE COMMISSION HAS DECIDED THAT THOROUGH SCRUTINY WILL BE DONE BY CAPF. IT IS, THEREFORE, REQUESTED THAT THE SAME MAY BE VERIFIED BY GETTING SPECIMENT HANDWRITING AND LEFT THUMB IMPRESSION (LTI) OF CANDIDATES BY GIVING THEM REASONABLE OPPORTUNITY BY ISSUING SHOW CAUSE NOTICE AND THE CANDIDATURE MAY BE CANCELLED IF VARIATION IS ESTABLISHED. WHEREEVER REQUIRED THE OPINION OF EXPERTS LIKE CFSL/GEQD MAY BE TAKEN AT YOUR END.

XXXX

9. Offer of appointment to the candidates forwarded through this letter should be issued at the earliest possible so that the candidates need not have to wait for unduly long period and also the vacancies in question are filled expeditiously."

5. On examination and scrutiny of signatures, names of mother,

handwriting, photographs etc, mismatch and discrepancies were noticed in

the case of as many as 187 candidates. To resolve the issue, a Board under

the Chairmanship of the Deputy Inspector General, along with two other members, was set up to conduct further detailed verification and scrutiny.

This Board, in order to verify and ascertain the truth, took the following

steps:-

"The following steps are to be checked/verified/matched by the board in respect of the candidates: i. Photograph, Left Thumb Impression (LTI), signature, writing and declaration furnished by the candidates in own handwriting on application form filled up through offline mode. ii. Photograph, Left Thumb (LTI), writing and information available on the documents i.e. Admit Card/ OMR Sheets/Question Booklet/Declaration forms etc. iii. Photograph, signature, Left Thumb Impression (LTI) and handwriting available in attendance sheet of written examination, PST/PET, MET attendance sheet, DME/RME attendance sheet and declaration form.

iv. Attendance sheet bearing photograph collected by the invigilators from the candidate during the course of written examination wherein signatures of the candidates was also obtained. v. Photo bearing Identity Proof such as driving license, voter card, aadhar card, etc. produced by the candidate at the time of written examination and the report of invigilator/centre supervisor. vi. Certificate/reports if any, furnished by the invigilators/Centre Supervisor during written examination.

After completion of enquiry the Board will submit a comprehensive report to Frontier Hqr, SSB, Lucknow for further submission to FHQ, New Delhi so as to take a final decision on the selection of candidates in consultation with SSC."

6. In the meanwhile, out of the list of 188 candidates, offers of

appointment were issued to 78 candidates, including some of the petitioners,

on 28th November, 2014 by Force Headquarters, SSB, New Delhi. The FHQ,

SSB vide letter dated 12th January, 2015 informed the Chairman of the

Board that the offers of appointment made earlier to 78 candidates on 28 th

November, 2014 stood cancelled and fresh offer of appointment would be

issued after due consideration and scrutiny.

7. Feeling aggrieved, 42 of the 78 candidates filed writ petitions before

the Allahabad High Court. These writ petitions were disposed of directing as

under:-

"Sri Gyan Prakash, learned counsel appearing for the respondents agrees that at first instance the grievance of the petitioners can be considered and decided by the respondent no.4, the Deputy Inspector General, Recruit Training Centre SSB, Gorakhpur.

Accordingly, without going into the merits of the claim of the petitioner, it is hereby provided that the respondents no.4 shall decide the grievance of the petitioner, in accordance with law, preferably within a period of one month from the date of production of a certified copy of this order. It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked by the respondent no.4 himself on its own merit without being influenced by this order.

This writ petition, is accordingly, disposed of. No order as to costs."

8. In compliance with the said directions, notice was issued to 188

candidates to appear before the Board with proof of identification and for

obtaining right and left thumb impressions, handwriting and signature

samples etc. Of the 188 candidates, 171 appeared on different dates and

furnished the required particulars, i.e. right and left thumb impressions,

handwriting and signature samples etc.

9. The Board obtained the dossiers and these, along with the specimen

samples obtained were forwarded to the Director, Fingerprint Bureau, CID,

Mahanagar, Vigyanpuri, Lucknow for matching of thumb impressions,

signatures etc. This information and details were furnished and given to the

candidates who had approached the Allahabad High Court. Some of them

were aggrieved and filed contempt petitions. These contempt petitions were

dismissed and notice discharged recording that the order passed in the writ

petition had been complied with. The action and steps taken by the

respondents were affirmed.

10. The Director, Fingerprint Bureau after examination of specimen

thumb impression samples with the thumb impressions in the dossiers of

171 candidates, submitted his report to the Board. On the basis of the report of the Fingerprint Bureau, the Board submitted their enquiry report dated

15th February, 2016, the gist of which is as under:-

  No. Of      Recommended Recommended                   Further     Absent
candidates          that         to issue offer    examination candidates
      who     "Candidature             of                 by
appeared          may be         appointment       handwriting
before the       canceled"                              expert
  Board                                                required


candidates                                         candidates     candidates

                         TOTAL CANDIDATES = 188

11. On the basis of the aforesaid report, candidature of 125 candidates

was cancelled by the Competent Authority. The dossiers were returned to

the SSC, Allahabad for taking appropriate action. The cancelled candid ates

were informed vide letter dated 6th May, 2016 that the Ministry of Home

Affairs had earlier issued a notice dated 8th May, 2015. The cancellation was

in accordance with point VII in the application form which mentioned that

the candidature could be cancelled if ineligibility is determined before or

after the examination.

12. Twelve out of the fifteen petitioners fall in the list of the 125 in whose

case discrepancies were found. In three cases, the Board on the basis of the

Fingerprint Bureau report had recommended examination by a handwriting

expert. Details of these 12 petitioners along with the findings of the

Fingerprint Bureau are as under:-

S .N Roll No. Name of Father's Documents Details of Remarks Reco
candidat Name deposited at report mmen
e Finger Print regarding dation
Bureau, CID documents in of the
Lucknow for question Board
examination examined with .
sample of
candidates
05 3205504010 M unna Sh.Bhag Sample of DQ-1 matched Thumb Candidature
Kumar wan Finger Print DQ-2 matched impression of may be
Sharma Sharma Impression DQ-3 Not candidate cancelled.
DQ-1- matched given in
Application DQ-4 matched admit card of
Form DQ-5 Not written exam
DQ-2-Admit matched (DQ-3) &
card of DQ-6 matched OM R sheet
PET/PST DQ-7 matched (DQ-5) at the
DQ-3-Admit time of
card of written recruitment
exam. mismatched
DQ-4-Admit with thumb
Card of impression of
M edical exam. candidate.
DQ-5-Copy of
OM R Sheet
DQ-6-
Candidates
statement of
PET
DQ-7-Candiate
statement of
M ET.
6 3206501894 Vikash Sh.Srira Sample of DQ-1 matched Thumb Candidature
Kumar m Singh Finger Print DQ-2 matched impression of may be
Impression DQ-3 not candidate cancelled.
DQ-1- matched given in
Application DQ-4 matched admit card of
Form DQ-5 written exam
DQ-2-Admit notmatched (DQ-3) &
card of DQ-6 matched OM R sheet
PET/PST DQ-7 matched (DQ-5) at the
DQ-3-Admit time of
card of written recruitment
exam. mismatched
DQ-4-Admit with thumb
Card of impression of
M edical exam. candidate.
DQ-5-Copy of
OM R Sheet
DQ-6-
Candidates
statement of
PET
DQ-7-Candiate
statement of
M ET.

7 3206043021 Raman Sh.Tej Sample of DQ-1 matched. Thumb
Kumar Narayan Finger Print DQ-2 not clear impression of
Singh Impression for matching candidate
DQ-1- with LTI and given in
Application also not admit card of
Form matched with written exam
DQ-2-Admit RTI sample. (DQ-3) & Candidature
card of DQ-3 not OM R sheet may be
PET/PST matched. (DQ-5) at the cancelled
DQ-3-Admit DQ-4 not clear time of
card of written for matching recruitment
exam. with LTI and mismatched
DQ-4-Admit also not with sample
Card of matched with of LTI of
M edical exam. RTI sample. candidate.
DQ-5-Copy of DQ-5
OM R Sheet notmatched
DQ-6- DQ-6 matched
Candidates DQ-7 not clear
statement of for matching
PET with LTI and
DQ-7-Candiate also not
statement of matched with
M ET. RTI sample.

16 3205522516 Shashi Sh.Janes Sample of DQ-1 matched. Thumb Candidature
Kumar hwar Finger Print DQ-2 matched. impression of may be
Sharma Impression DQ-3 candidate cancelled.
DQ-1- mismatched. given in
Application DQ-4 matched. admit card of
Form DQ-5 written exam
DQ-2-Admit mismatched. (DQ-3) &
card of DQ-6 matched OM R sheet
PET/PST DQ-7 matched. (DQ-5) at the
DQ-3-Admit time of
card of written recruitment
exam. mismatched
DQ-4-Admit with thumb
Card of impressiion of
M edical exam. candidate.
DQ-5-Copy of
OM R Sheet
DQ-6-
Candidates
statement of
PET
DQ-7-Candiate
statement of
M ET.

18. 3201526413 Praveen Sh.Nitya Sample of DQ-1 not clear Thumb Candidature
Kumar nand Finger Print for matching impression of may be
Singh Impression with LTI and candidate cancelled.
DQ-1- RTI. given inOM R
Application DQ-2 not clear sheet (DQ-5)
Form for matching at the time of
DQ-2-Admit with LTI and recruitment
card of also not mismatched
PET/PST matched with with sample
DQ-3-Admit RTI. of LTI of
card of written DQ-3 candidate.
exam. mismatched.
DQ-4-Admit DQ-4 not clear
Card of for matching
M edical exam. with LTI and
DQ-5-Copy of also not
OM R Sheet matched with
DQ-6- RTI.
Candidates DQ-5
statement of mismatched
PET DQ-6 not clear
DQ-7-Candiate for matching
statement of with LTI and
M ET. also not
matched with
RTI.
DQ-7 not clear
for matching
with LTI and
also not
matched with
RTI.
19. 3206005551 Harindra Sh.Jagar Sample of DQ-1 not clear Thumb Candidature
Tiwari Nath Finger Print for matching impression of may be
Impression with LTI & candidate cancelled.
DQ-1- RTI.. given in
Application DQ-2 not clear admit card of
Form for matching written exam
DQ-2-Admit with LTI and (DQ-3) &
card of also not OM R sheet
PET/PST matched with (DQ-5) at the
DQ-3-Admit RTI. time of
card of written DQ-3 recruitment
exam. mismatched. mismatched
DQ-4-Admit DQ-4 not clear with thumb
Card of for matching impression of
M edical exam. with LTI and candidate.
DQ-5-Copy of also not
OM R Sheet matched with
DQ-6- RTI.
Candidates DQ-5
statement of mismatched.
PET DQ-6 not clear
DQ-7-Candiate for matching
statement of with LTI and
M ET. also not
matched with
RTI.
DQ-7 not clear
for matching
with LTI and
also not
matched with
RTI.
35. 3206516512 M anish Sh.Ranjit Sample of DQ-1 matched. Thumb Candidature
Kumar Singh Finger Print DQ-2 matched. impression of may be
Impression DQ-3 candidate cancelled.
DQ-1- mismatched. given in
Application DQ-4 matched. admit card of
Form DQ-5 written exam
DQ-2-Admit mismatched (DQ-3) &
card of DQ-6 OM R sheet
PET/PST impression not (DQ-5) at the
DQ-3-Admit clear for time of
card of written matching with recruitment
exam. LTI and not mismatched
DQ-4-Admit matched with with thumb
Card of RTI. impression of
M edical exam. DQ-7 matched. candidate.
DQ-5-Copy of
OM R Sheet
DQ-6-
Candidates
statement of
PET
DQ-7-Candiate
statement of
M ET.

52. 3201526039 Sashikant Sh.Hirda Sample of DQ-1 Thumb Candidature may
Singh Nand Finger Print impression not impression of be cancelled.
Yadav Impression clear for candidate given
DQ-1- matching with in admit card
Application LTI and of written exam
Form mismatched with (DQ-3) &
DQ-2-Admit RTI. OM R sheet
card of DQ-2 matched. (DQ-5) at the
PET/PST DQ-3 time of
DQ-3-Admit mismatched. recruitment
card of written DQ-4 mismatched
exam. impression not with sample of
DQ-4-Admit clear for LTI of
Card of matching with candidate.
M edical exam. LTI and RTI.
DQ-5-Copy of DQ-5
OM R Sheet mismatched.
DQ-6- DQ-6 matched
Candidates DQ-7 not clear
statement of for matching
PET with LTI and
DQ-7-Candiate also not
statement of matched with
M ET. RTI sample.

3 3201511586 Suman ShM anoj Sample of DQ-1 matched. Thumb Candidature may
Kumar M ehta Finger Print DQ-2 matched. impression of be cancelled.
Saurav Impression DQ-3 matched. candidate given
DQ-1- DQ-4 in admit card of
Application Mismatched. written exam
Form DQ-5 (DQ-3) &
DQ-2-Admit mismatched. OM R sheet
card of DQ-6 matched (DQ-5) at the
PET/PST DQ-7 matched. time of
DQ-3-Admit recruitment
card of written mismatched
exam. with thumb
DQ-4-Admit impression of
Card of candidate.
M edical exam.
DQ-5-Copy of
OM R Sheet
DQ-6-
Candidates
statement of
PET
DQ-7-Candiate
statement of
M ET.

07 3206018178 Gajendra Sh.Vimal Sample of DQ-1 not clear Thumb Candidature may
Kumar Prasad Finger Print for matching impression of be cancelled.
Yadav Yadav Impression with LTI and not candidate given
DQ-1- matched with in admit card of
Application RTI sample. written exam
Form DQ-2 matched. (DQ-3) &
DQ-2-Admit DQ-3 OM R sheet
card of mismatched. (DQ-5) at the
PET/PST DQ-4 not clear time of
DQ-3-Admit for matching recruitment
card of written with LTI and mismatched
exam. also not matched with sample of
DQ-4-Admit with RTI sample LTI of
Card of DQ-5 candidate.
M edical exam. mismatched.
DQ-5-Copy of DQ-6 matched.
OM R Sheet Q-7 not cleared
DQ-6- for matching
Candidates with LTI and
statement of also not matched
PET with RTI
DQ-7-Candiate sample.
statement of
M ET.

04 3206518011 Avinash Late Sample of DQ-1 matched. Thumb Candidature may
Kumr Umakant Finger Print DQ-2 matched. impression of be cancelled.
Saw Impression DQ-3 candidate given
DQ-1- mismatched. in admit card of
Application DQ-4 matched. written exam
Form DQ-5 (DQ-3) &
DQ-2-Admit mismatched. OM R sheet
card of DQ-6 matched. (DQ-5) at the
PET/PST Q-7 matched. time of
DQ-3-Admit recruitment
card of written mismatched
exam. with sample of
DQ-4-Admit LTI of
Card of candidate.
M edical exam.
DQ-5-Copy of
OM R Sheet
DQ-6-
Candidates
statement of
PET
DQ-7-Candiate
statement of
M ET.

05 3206040009 Santosh Guddu Sample of DQ-1 matched.. Thumb Candidature may
Kumar Prasad Finger Print DQ-2 matched. impression of be cancelled.
Singh Impression DQ-3 matched. candidate given
DQ-1- DQ-4 in admit card of
Application mismatched. written exam
Form DQ-5 (DQ-3) &
DQ-2-Admit mismatched. OM R sheet
card of DQ-6 matched. (DQ-5) at the
PET/PST Q-7 matched. time of
DQ-3-Admit recruitment
card of written mismatched
exam. with sample of
DQ-4-Admit LTI of
Card of candidate.
M edical exam.
DQ-5-Copy of
OM R Sheet
DQ-6-
Candidates
statement of
PET
DQ-7-Candiate
statement of
M ET.

13. We do not think that the twelve petitioners whose fingerprints have

mismatched, in view of the aforesaid findings, are entitled to any relief. The

table/chart quoted above clearly records that the specimen thumb impressions given by the said petitioners did not match with the thumb

impressions on the admit cards for the written examination and the OMR

sheets. These, it is observed, are cases of impersonation which have to be

dealt with strictly without any concession or sympathy.

14. In case of petitioner Nos. 4, 5 and 9- i.e. Ramnivas Yadav, Ashok Kumar Poddar and Kanhaiya Kumar, respectively- the Fingerprint Bureau opined that further enquiry was required. Their samples were sent to a handwriting expert for verification. The respondents have stated that the handwriting expert's report is against the said petitioners. The respondents have, therefore, cancelled their candidature as well and informed the said petitioners. It is open to the petitioners to challenge their cancellation in accordance with law.

15. In these circumstances, we do not find any merit in the present writ petition and the same is dismissed, while giving liberty to the petitioner nos.4, 5 and 9 to challenge the order of cancellation, if they deem appropriate, in separate writ petitions. The said liberty has been granted as the order of rejection has been communicated to them after filing of the present petition. The writ petitions are accordingly disposed of, without any order as to costs.

SANJIV KHANNA, J

NAVIN CHAWLA, J MAY 24, 2017 RN