Hoshiyar Singh vs Union Of India & Ors.
2023 Latest Caselaw 1067 Del

                          Neutral Citation Number 2023:DHC:4738-DB


                          $~17

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                 Date of decision: 10th July, 2023


                                              W.P.(C) 8555/2023

                          +      W.P.(C) 8555/2023 & CM APPL. 32547/2023

                                 HOSHIYAR SINGH                                ..... Petitioner

                                              versus

                                 UNION OF INDIA & ORS.                   ..... Respondent


                          Advocates who appeared in this case:
                          For the Petitioner:  Mr. R.K. Ojha Advocate.

                          For the Respondents:         Ms. Arunima Dwivedi, CGSC with
                                                       Ms. Pinky Pawar, Advocate for
                                                       Mr. Aakash Pathak, Advocates for
                                                       UOI and Dy Cdt. Rattan Negi (Deptt - ICG)
                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondent to declare the petitioner having cleared Stage - II. It is contended that the respondents have incorrectly rejected the candidature of the petitioner on the ground of mismatch of biometric.

Signature Not Verified Digitally Signed

Signing Date:13.07.2023 12:34:00 Neutral Citation Number 2023:DHC:4738-DB

2. By order dated 26.03.2023, this Court had noted the contention of the petitioner that his thumb impression did not match due to a technical error on the part of the respondent and in case a proper functional biometric machine was used to conduct the verification, the thumb impression would match. This Court directed that a biometric machine be produced in Court for verifying the thumb impression of the petitioner with the records. Respondents have produced the biometric machine as well as the record and the thumb impression of the petitioner has been taken for verification. However, the same has not matched despite several attempts.

3. In view of the fact that the biometric of the petitioner has not matched despite several attempts in Court, we find no reason to find fault in rejection of the candidature of the petitioner by the respondent on the ground that his biometric had not matched between the Stage - I, i.e, written examination and Stage - II, i.e, physical fitness.

4. In view of the above, we find no merit in the petition. Petition is consequently dismissed.

SANJEEV SACHDEVA, J

MANOJ JAIN, J

JULY 10, 2023 st

Signature Not Verified Digitally Signed

Signing Date:13.07.2023 12:34:00