Delhi High Court
Parvinder vs Union Of India & Ors. on 4 February, 2022
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 04.02.2022
+ W.P.(C) 1864/2022
PARVINDER ..... Petitioner
Through Mr.Bhanu Gupta, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Vikrant N.Goyal, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
The petition has been heard by way of video conferencing.
1. The present petition has been filed seeking setting aside of the
disqualification of the candidature of the petitioner for recruitment in
the Indian Coast Guard (in short, „ICG‟) on account of supply of
incorrect details at the time of filling out the application form. The
petitioner further seeks a direction to the respondents to consider the
petitioner as „qualified‟ and consider his candidature in the further
stages of the recruitment process of the ICG.
2. It is the case of the petitioner that pursuant to the advertisement
issued by the ICG, the petitioner applied for the post of Navik (GD) in
the ICG through online mode. The petitioner, after clearing Stage-I of
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the recruitment process, was shortlisted for Stage-II of the same.
Stage-II of the recruitment process comprised of a Physical Fitness
Test and Document Verification.
3. On 16.11.2021, the petitioner reported to the assessment centre
at Gandhinagar, Gujarat and took part in the Physical Fitness Test,
where he was declared to be successful. At the Document Verification
Stage, however, the petitioner was ousted from the recruitment
process on account of having uploaded a scanned copy of his Class X
mark-sheet instead of the scanned copy of his Aadhar Card at the time
of filling of his application form. The petitioner attempted to atone his
mistake by presenting a hard copy of the Aadhar Card to the
authorities but the authorities did not agree to accept the hard copy and
disqualified the petitioner from the recruitment process. Vide the
impugned result dated 11.01.2022, the petitioner was declared „fail‟
solely on the basis of the discrepancy found at the Document
Verification stage.
4. The learned counsel for the petitioner submits that the petitioner
had committed a bona fide mistake in inadvertently uploading his
Class X mark-sheet instead of the scanned copy of his Aadhar Card.
He further submits that the petitioner, in an attempt to rectify his
mistake, did present the hard copy of his Aadhar Card and the
respondents refused to accept the same. He submits that the petitioner
cannot be penalized for a bonafide inadvertent mistake which
otherwise has no impact on his eligibility or merit.
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5. We have considered the submissions made by the learned
counsel for the petitioner.
6. Paragraph 5 of the advertisement, which called for applications
for the ICG as Navik (GD), Navik (Domestic Branch) and Yantrik,
states that a mismatch between the documents produced at the
verification stage and the documents uploaded as part of the online
application would result in cancellation of the candidature. The
relevant portion is reproduced herewith:
"5. Selection Procedure. The selection of recruits is based on
an all India order of merit on their performance in Stage-I, II, III
& IV (explained in detail below) and the number of vacancies
available for the post. Clearing of Stage-I, II, III, IV and
satisfactory performance in training is compulsory for recruitment
in ICG. All candidates will be compulsorily subjected to biometric,
photo identification and document verification during stage-I, II,
III & IV of the selection procedure. The details of various stages
are as follows: -
xxxxx
(B) Stage-II. Based on the performance in the Computer Based
Online Examination, a merit list will be prepared and e-admit card
for stage-II will be issued as per the vacancies available and ratio
decided by ICG. If the candidate is shortlisted for stage-II then he
will be required to upload additional documents as mentioned at
Para 6 (c) (iv) & Para 6 (c) (v). E-admit card for stage-II will not
be generated till the additional documents are uploaded by the
candidates within a time period as mentioned on ICG website. The
duration of Stage - II will be from 1 to 2 days. Stage-II involves
following test which are only qualifying in nature i.e. either Pass
or Fail:-
xxxxx
(b) Document Verification (Pass/Fail). All the
information provided in the online application has
to match with all the original documents like grade
X/XII/ Diploma mark sheet/photo Identity
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card/caste certificate/individual subject and
aggregate marks. Any inconsistency in all the
documents and application with respect to "name,
date of birth, parent's name, percentage of marks,
validity of documents, caste certificate details etc."
will lead to failure in document verification and the
candidature will be cancelled. The date of issue of
all documents has to be the closing date of
application or any date prior to closing date of
application. The validity of all the uploaded
documents has to be at least up to 30 Apr 22. In
case of any mismatch of information provided in
the application form, document uploaded (at
online application stage-I and II) and original
documents produced for physical verification at
Stage-II than the candidature will be cancelled."
7. The E-Admit Card issued to the petitioner also highlighted
the importance of photo identity document to be uploaded at the
time of application and mentioned in the E-admit card. The
relevant clause is reproduced hereinbelow:-
"Mandatory documents to be brought at the Exam Centre:-
(a) xxxx
(b) Valid original Photo identity proof as submitted in
application/mentioned in E-admit card.
(c) xxxxx
(d) xxxxxx
Note:- Non submission of these documents will lead to
cancellation of candidature & candidate will not be allowed
to appear in the examination "
8. This Court, in its recent decision dated 20.01.2022, in Pradeep
Kumar vs. Union of India and Ors. W.P.(C) 1144 of 2022, has
dismissed the petition of a similarly-situated individual who had
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inadvertently uploaded his self-photograph in place of his ID Proof
(Aadhar Card), holding as under:
"11. Inspite of such clear warning, the petitioner was clearly
negligent in uploading his self-photograph instead of his Photo
identity proof with the application. The petitioner cannot claim any
special equity only because such mistake went unnoticed at the
earlier stage of the recruitment process and was noticed only at
document verification stage {Refer: T. Jayakumar v. A. Gopu &
Anr, (2008) 9 SCC 403}.
12. This Court, in its judgment dated 25.01.2010 in Union
Public Service Commission vs. Govt. of NCT of Delhi & Ors.,
W.P. (C) 10058/2009, held that no deviation from the terms and
conditions of an advertisement and rules for the recruitment for a
public office shall be permitted, as such deviation would result in
gross injustice to the other candidates. In the present case, as is
evident from Paragraph 5(B)(b) of the CGNET 01/2022, any
mismatch in the documents uploaded during the online application
stage and original documents produced would lead to cancellation
of candidature. We have been informed that candidature of 382
candidates was cancelled by the respondents at the stage of
document verification. No exception can therefore, be made only
for the petitioner. Granting relief to the petitioner may put the
entire selection process in jeopardy and will make it an unending
process.
13. This Court, in its judgment dated 01.02.2017 in Union
Public Services Commission vs. Tarun Arora, W.P. (C) 3003/2016
has held that while there is no strait jacket precept to balance the
administrative difficulties that may arise as a result of rectifying a
lapse, the Court would give precedence to the compelling
difficulties which may arise upon considering the application. The
relevant portion of the judgment is reproduced hereinbelow:
"14. We appreciate and can understand the
frustration of the respondent as he has the requisite
qualifications, yet would suffer for the lapse and
error on his part in filling the online application
form. At the same time, to accept the plea of the
respondent in the present case would lay down the
wrong precedent, which would lay the foundation for
administrative confusion and chaos. The selection
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process would halt, get stalled, and would possibly
collapse.
15. The Courts, while examining such issues have
to maintain a right balance between the mistake and
chance to rectify the lapse, and the administrative
difficulties and consequences. Administrative
difficulties, thus, should be balanced with the adverse
impact befalling the candidate. A strait jacket precept
may not be universally applicable. The nature of the
selection process, the terms stipulated, whether the
rectification and amendment would make the
selection process unyielding and unmanageable, are
different facets which must be considered. Where the
application forms are vague and unclear, the benefit
must and should be given to the applicant.
16. In the present case, the administrative
difficulties which are compelling must be given
primacy, for otherwise the selection process would be
impede, become disorderly and crumble. The present
case does not warrant indulgence and concession to
the respondent."
14. The respondents have stated that the merit list after Stage-II
of the recruitment process has already been prepared and posted
on the website of the ICG on 11.01.2022; the candidates who have
been short-listed, have been asked to report to INS Chilka, Orissa
on 12.02.2022 for their medical examination and necessary steps
prior to commencement of training. In view of the above
development, allowing relief to the petitioner would result in
reopening the Merit List and the entire selection process, which for
the admitted fault of the petitioner himself; the respondents and
other candidates cannot be subjected to."
9. We see no reason to differ from the above view. The petitioner
was negligent in uploading the documents and for his negligence, the
Authorities cannot be directed to deviate from the advertisement
inviting applications or reopen the selection process. Any such
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direction would not only be against the interest of the candidates who
have been selected but also be discriminatory to those who have been
disqualified by the ICG on similar reasons.
10. In view of the above, we find no merit in the present petition.
The same is dismissed.
NAVIN CHAWLA, J
MANMOHAN, J
FEBRUARY 04, 2022/AB
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