Gagan Deep vs Union Of India & Ors
2021 Latest Caselaw 585 j&K

           IN THE HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU

                        (THROUGH VIRTUAL MODE)


                                                    Reserved on: 25.05.2021
                                                  Pronounced on: 01.06.2021

                          WP(C) No.645/2020
                      CM Nos.1431/2020 & 1592/2020


GAGAN DEEP                                             ...PETITIONER(S)

             Through: Mr. Ankur Sharma, Advocate.

                                     Vs.

UNION OF INDIA & ORS.                                 ....RESPONDENT(S)

             Through: Mr. Vishal Sharma, ASGI.


CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                   JUDGMENT

1) In this petition, petitioner has, inter alia, sought the following

reliefs:

(i) Writ of Mandamus: commanding the Respondents to allow the petitioner to participate in the interview/Medical Examination, the process of which is going on for the post of CT/GD and appoint and select the Petitioner against the post in pursuance to the Advertisement advertised vide Notice No.F.No. 3/2/2OI7-P85P-I Dt: 21.07.2018 on the basis of final result of the Petitioner.

(ii) Further issue writ of mandamus directing the Respondents to consider and treat the petitioner's father's name as Ram Paul instead of Ram Pal Sharma, which has occurred on account of system error and inadvertently;

2) Briefly stated, the facts leading to the filing of this petition are that

the Staff Selection Commission on 21st July, 2018, issued a notice of

CM Nos.1431/2020 & 1592/2020

examination for recruitment of Constables (GD) in Central Armed Police

Forces (CAPFs), National Investigation Agency (NIA), Secretariat

Security Forces (SSF) and Rifleman (General Duty) in Assam Rifles,

which was uploaded on the official website of the Commission on 25 th of

July, 2018. As per the notification, the last date for submission of online

application was 30th September, 2018.

3) The petitioner was permitted to participate in the selection process.

The petitioner cleared all stages of examination but was not permitted to

appear in the medical examination on the ground that in the online

application submitted by him he had written his father‟s name as "Ram

Pal Sharma" whereas the name of his father, as per the matriculation

certificate, was "Ram Paul".

4) The petitioner claims that he requested the respondents to permit

him to correct the aforesaid inadvertent mistake and, accordingly, allow

him to participate in the medical examination so that he could be selected

and appointed against one of the posts of Constable (GD). Having failed

to persuade the respondents to accept his request, petitioner has filed the

instant petition.

5) On being put on notice, the respondents, represented by Mr. Vishal

Sharma, ASGI, have filed their objections. It is not disputed by Mr.

Sharma that the petitioner, by dint of his merit, has made the grade but

could not be permitted to participate in the medical examination for the

reason that some discrepancy was found in the name of his father

indicated in the online application different from the one shown in the

matriculation certificate uploaded by the petitioner.

CM Nos.1431/2020 & 1592/2020

6) It is also noteworthy that pursuant to interim directions passed by

this Court on 26th of February, 2020, the petitioner has been permitted to

participate in the medical examination. Mr. Sharma, ASGI, has fairly

conceded that the petitioner has also qualified Medical Examination/test

and made it to the select list.

7) On being asked by this Court, Mr. Sharma also submitted that in as

many as 27 posts of Constable (GD) which were earmarked for ex-

servicemen category have remained unfilled and as per the terms and

conditions of the advertisement notification and the rules in vogue, same

are required to be filled up from the candidates belonging to the general

category. He. However, submits that the petitioner who had submitted

wrong particulars of his parentage cannot take the benefit of his own

wrong.

8) Having heard learned counsel for the parties and perused record, I

am of the view that the discrepancy in the name of petitioner‟s father as

"Ram Pal Sharma" instead of "Ram Paul" is not so serious as would take

away his right to appointment, which right the petitioner has earned on the

basis of his merit.

9) In similar set of circumstances, Delhi High Court, in the case of

Ravi S. Rathod v. Union of India & anr. (Writ Petition (C) No.2343 of

2020) decided on 11.03.2020, directed the respondents to consider the

candidature of a candidate in whose case discrepancy had been found with

regard to the date of birth entered in the online application form and the

one entered in the matriculation certificate.

CM Nos.1431/2020 & 1592/2020

10) That aforesaid judgment has been followed by the Bombay High

Court also in the case of Vipul L. Bamane vs. Union of India & anr.

(Writ Petition (ST) No.92903 of 2020).

11) The case of the petitioner herein squarely falls within the four

corners of the judgments supra.

12) This petition is, accordingly, allowed. The name of petitioner‟s

father i.e. „Ram Pal Sharma‟ as indicated in the online application shall be

deemed to be substituted by „Ram Paul" i.e. the name as indicated in the

matriculation certificate of the petitioner. Accordingly, the respondents

are directed to consider and appoint the petitioner against the post of

Constable (GD) that has fallen vacant due to non-availability/non-

selection of the candidates under ex-servicemen category, the discrepancy

noted by the respondents notwithstanding.

13) Let a formal order of appointment of the petitioner be issued by the

respondents within a period of four weeks from the date copy of this order

is served upon the respondents.

14) Disposed of along with connected applications.

(Sanjeev Kumar) Judge Jammu 01 .06.2021 "Bhat Altaf, PS"

                   Whether the order is speaking:         Yes/No
                   Whether the order is reportable:       Yes/No