Rajasthan High Court - Jodhpur
Rajesh Kumar vs State & Ors on 10 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Civil Writ Petition No. 5001 / 2013
Rajesh Kumar S/o Shri Shankar Singh, aged about 22 years,
Caste - Gurjar, Resident of Village - Khohari, P.O. Banshi
Paharpur, Tehsil Rupwas, District Bharatpur (Raj.)
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Ministry of Home
Affairs, Secretariat, Jaipur (Raj.)
2. The Inspector General of Police, Headquarters (PHQS) Badi
Chopar, Jaipur (Raj.) Pin - 302002
3. The Director General of Police, Rajasthan, Jaipur
----Respondents
_____________________________________________________
For Petitioner : Mr. B.L. Swami
For Respondents : Mr. Anil Bissa, A.G.C.
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Judgment / Order 10/04/2017 The prayer in the present writ petition is for issuance of a direction to the respondents to check the answer/OMR sheet of the petitioner and give him appointment on the post of Constable (GD) in pursuance to the advertisement dated 28.09.2012, if found eligible.
The petitioner applied for the post of Constable (GD) in pursuance to the advertisement dated 28.09.2012. However, when his name did not appear in the selection list, the petitioner preferred the present writ petition for allowing him to rectify the (2 of 3) [CW-5001/2013] error and thereafter, declare his result. Admittedly, the petitioner did not mention the question booklet series 'A' in the answer/OMR sheet which was allotted to him.
Reply has been filed.
As per the reply, while filling up the OMR sheet, the petitioner was required to fill up the serial number of the question booklet in the OMR sheet. The petitioner failed to do so and therefore, the OMR sheet could not be picked up by the computer for the purpose of checking. The relevant instructions in the OMR sheet specifically state that a candidate is required to fill up the series of question booklet against the column meant for the same by darkening the circle. It is clearly mentioned that in the event of furnishing incorrect information, the candidate will be treated as failed. Since the petitioner failed to provide the information with respect to the series of question booklet, his OMR sheet could not be checked. A perusal of the same shows that checking of the OMR sheets is done with the assistance of the computer and in case, any one of the columns is not filled and all the required information is not filled, the computer does not pick up the said answer-sheet for checking and accordingly, the candidate is shown unsuccessful/failed. Learned counsel for the petitioner argued that in similar set of circumstances in the case of Surender Vs. State of Raj. & ors. (S.B. Civil Writ Petition No. 5444/2012) decided on 16.05.2013, the petition was allowed by observing that the said objection was hyper technical. Thereafter, much time has passed and the same does not hold the field in view of the judgment rendered in the case of Managing (3 of 3) [CW-5001/2013] Director, Ajmer Vidhyut Vitran Nigam Limited, Ajmer Vs. Hitesh Kumhar & anr. (D.B. Civil Special Appeal (W) No. 85/2016) wherein it was held :-
"If the respondent filled up his application form in haste when he was applying for a job under the Government and did not bother to ensure that he specified his correct category, let alone leave it blank mentioning specifically a different category, we find it difficult to believe that it was a bonafide and inadvertent error. Regrettably for him, the negligence has proved costly. If a candidate lacks ability to fill up the application form correctly, his capacities and abilities for the job come under severe cloud in an otherwise competitive environment."
Moreover, the posts were advertised in the year 2012. The selection is long over. Thereafter, the selection for the recruitment year 2013-14 is also long over.
In view of the above, this Court finds no ground to interfere. The writ petition is, accordingly, dismissed being devoid of merit.
(NIRMALJIT KAUR), J.
Inder/1