Delhi High Court
Amandeep vs Union Of India Ors on 4 July, 2023
Neutral Citation Number 2023:DHC:4548-DB
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 04th July, 2023
W.P.(C) 8759/2023
+ W.P.(C) 8759/2023
AMANDEEP ..... Petitioner
versus
UNION OF INDIA ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. R.K. Ojha, Advocate.
For the Respondents: Mr. Nirvikar Verma, SPC and Mr.Shantanu
Verma, Advocates for respondent Nos.1 to
3.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.33124/2023 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(C) 8759/2023 & CM APPL.33123/2023 (stay)
1. Petitioner seeks a direction to the respondent /Director General,
Coast Guard to permit the petitioner to clear stage - II to join the stage
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- III induction programme.
2. Respondent had issued a notification for recruitment to the post
of Navik (Domestic Branch) and Yantrik in the Indian Coast Guard.
Petitioner appeared for the Cost Guard Navik (DB) examination.
Petitioner cleared stage - I examination and was called for stage - II
examination.
3. The result of the stage - II examination was declared and the
petitioner was not shortlisted for stage - III on the ground that he had
failed in the stage II, i.e, document verification. The reason
mentioned is that there was a discrepancy in the name of the petitioner
in the OBC Certificate and the school certificate as also the online
application. The discrepancy pointed out by the respondents was that
his name in the school certificate and online application was
mentioned as „Amandeep‟ whereas in the OBC certificate, the name
was mentioned as „Aman Deep‟.
4. It was on account of this discrepancy that petitioner‟s
candidature has been rejected holding that there is a discrepancy in the
documents.
5. Issue notice. Notice is accepted by learned counsel appearing
for respondent.
6. With the consent of the parties, the petition is taken up for final
disposal today itself.
7. Learned counsel for the respondent fairly concedes that apart
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Neutral Citation Number 2023:DHC:4548-DB
from the abovementioned discrepancy, there is no other discrepancy
pointed out for rejecting the candidature of the petitioner.
8. In respect of the error pointed out by the respondents, we notice
that the error is only with regard to the splitting of the name by the
Authority issuing the OBC certificate to the petitioner. The personal
details of the petitioner mentioned in his class 10 certificate is
"Amandeep", mother‟s name as "Bhateri Devi" and Father‟s name as
"Balkrishan". The name mentioned in the Senior School Certificate
examination is also "Amandeep", mother‟s name as "Bhateri Devi"
and Father‟s name as "Balkrishan".
9. We notice that in the OBC certificate issued by the Office of the
Sub-Divisional Officer Kotkasim, Alwar, Rajasthan dated 25.10.2022,
the name of the petitioner is mentioned as "Aman Deep" s/o
Balkrishan. There is another certificate issued by the same authority
on 19.01.2023 wherein the name of the petitioner is mentioned as
"Amandeep" s/o Balkrishan, mother‟s name as "Bhateri Devi".
Petitioner obtained this certificate after he had applied with the
concerned authorities.
10. The advertisement seeking online applications for the subject
post in stage - II referred to the requirement of documents verification
and provides that in case of any mismatch/inconsistency/error with the
information provided in the application form with the documents in
respect of the name, date of birth, parent‟s name, subject-wise
marks/percentage/CGPA (as applicable), validity of documents, caste
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Neutral Citation Number 2023:DHC:4548-DB
certificate, etc. will lead to failure in documents verification and
candidature will be cancelled.
11. The purpose of the said provision is to ensure that there is no
impersonation or misleading or incorrect document furnished to seek
enlistment.
12. In the subject case, the error pointed out by the respondent is in
fact not a discrepancy or mismatch. It is merely an additional space
added by the concerned authority issuing the OBC certificate between
the name of the petitioner which is "Amandeep" and the same has
been mentioned as "Aman Deep".
13. We find that the other personal details, i.e., the name of the
father and the mother of the petitioner matches in all the documents.
We are of the view that this discrepancy is not such an error which
should have led to candidature of the petitioner being rejected on the
ground of mismatch, particularly, in view of the fact that the petitioner
had qualified the written examination with merit.
14. In view of the above, the decision of the respondent in declaring
the petitioner as failed in stage - II cannot be sustained and is
accordingly quashed.
15. Coming to the consequential relief that the petitioner would be
entitled to, we are informed that the stage - III, i.e., induction of the
officers who have already passed was completed on 26.05.2023 and
the physical training was commenced in the first week of June.
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Training is for a period of 4 months which means that by now 25% of
the training is already over.
16. Reference may be had to the judgment of a Coordinate Bench of
this Court in WP(C) 7207/2023 titled Pankaj vs. Union of India dated
24.05.2023, wherein, in similar circumstances, this Court had
permitted the petitioner therein to be allowed to join the induction
course in the next batch subject to completion of all necessary
formalities as per the procedure and further directed that his seniority
shall be treated with his batch mates with all consequential benefits
except salary.
17. In view of the above, we direct that subject to the petitioner
completing all the other requisite formalities, petitioner be allowed to
join induction course with the next batch. His seniority shall be
reckoned with his batch mates with all consequential benefits except
that he shall not be paid any salary for the said period.
18. Petition is disposed of in the above terms.
19. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
JULY 04, 2023
st
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