Central Administrative Tribunal - Chandigarh
Mamta vs Post Haryana Circle on 8 January, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.60/411/2023
On this the 9th Day of January, 2026
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Mamta daughter of Sh. Leela Ram, aged 22 years, resident of #
14 Kheri Daulatput, Bawani Khera, Haryana-127041. Group C.
.... Applicant
(By Advocate: Sh. Harish Chandra).
Versus
1. Union of India through the Secretary, Government of India,
Ministry of Communications, Department of Telecommunication &
Information Technology, Department of Posts, Dak Bhawan, New
Delhi-110001.
2. of Post Offices, Ambala Division, the Staff Road, Ambala GPO
Compound-133001
....Respondents
(By Advocate: Sh. Sanjay Goyal).
DN: C=IN, S=Haryana, Phone=
KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c
485da704d31, PostalCode=134116, STREET=DO Chandan
Singh HOUSE No1262 First Floor Sector19 Panchkula,
OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af
DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.01.20 11:53:36+05'30'
2
O R D E R (ORAL)
PER: RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
(1) Quash the impugned order dated 20.3.2023 (Annexure A-1) vide which the candidature of the applicant for the post of GDS has been rejected on the ground that marks mentioned in SSC certificate do not tally with marks filled in the application form despite the fact that the applicant is meritorious, eligible and has submitted original documents for verification.
(2) Issue direction to the respondents to appoint the applicant as GDS from due date with all the consequential benefits of pay and allowances and seniority etc.
2. Briefly stated facts of the case are that the applicant, who belongs to S.C. category has passed her Matriculation Examination from Board of School Education Haryana (Annexure A-2). Respondent Department of Posts invited online applications from the eligible applicants for engagement as Gramin Dak Sevaks (GDS) (Branch Postrnaster (BPM)/Assistant Branch Postmaster (ABPM)/Dak Sevak). Applications were to be submitted on 27.1.2023 (Annexure A-3) in response to which the applicant submitted her application on 4.2.2023 (Annexure A-4).
3. Applicant was called for document verification where she appeared on 20.3.2023 (Annexure A-1) but she was informed that her candidature stands rejected as the entered DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.01.20 11:53:36+05'30' 3 marks/data in the form do not tally with uploaded certificate marks/data.
4. Accordingly to applicant, the fact remains that she is eligible and entitled for appointment as she is meritorious but due to a minor error which could be corrected during document verification, her candidature has been rejected which is illegal, arbitrary, discriminatory, harsh, void ab initio, violative of articles 14 and 16 of the Constitution of India and is totally unfair and without any logic or reason and has no nexus with the object sought to be achieved and cannot be sustained in the eyes of law.
5. The applicant has relied on decision of Hon'ble Punjab and Haryana High Court in the case of Usha Dhillon Vs. State of Haryana, CWP No. 23185 of 2014 decided on 15.12.2014, wherein it has been held that "We find that the error in the case in hand was, in fact, bona fide, and therefore, are inclined to interfere and grant the relief, as prayed for by the petitioner. The application of the petitioner has been rejected at the very threshold, when the rights of no other candidate has been adjudged. Therefore, the rights of no other candidate would be effected, if the application of the petitioner is permitted to be considered, as prayed for. In view of the above and finding the action on the part of the Commission to be hyper-technical, we allow the present DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.01.20 11:53:36+05'30' 4 petition directing the respondents to consider the case of the petitioner". A similar view was taken by Hon'ble High Court in LPA No.320/2019 Haryana Staff Selection Commission Vs. Sarla etc. decided on 22.2.2019 that a person should not be made to suffer for bonafide mistake. Recently, in the case of Poonam Pal D/o Laxman Singh Pal Vs Madhya Pradesh Gramin Bank, a Government Bank was directed by the Hon'ble Madhya Pradesh High Court to reverse its Canceling of Candidature Order for the Post of Office Assistant (Multi- Purpose) merely due to a Typographical Error in the Applicant's Date of Birth. The Court further directed the Bank to issue an Appointment Order in her favor.
6. The respondents have filed written statement on 05.06.2023 submitting therein that while applying online the candidate was required to register himself/herself in the portal through https://indiapostgdsonline.gov.in with basic details to obtain the registration number. It was personal responsibility of the applicant to get himself registered with actual facts and figures and to upload the information himself. After completing the process, on the basis of the system-of generated merit list based on the merit position as per data uploaded by the candidates, the name the applicant having registration No.HR8B5E5686B446was shortlisted as Dak Sevak Barwala SO against SC Quota vide List I of GDS online DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.01.20 11:53:36+05'30' 5 Engagement Schedule-l (January) 2023- Haryana Circle (Annexure R-1). Her name was mentioned at Sr. No. 5 in the said list. The applicant was directed through system generated SMS to get her documents verified through the Divisional Head Ambala Division before 21.03.2023. The applicant reported to the Divisional Head Ambala Division on 20.03.2023 and submitted her original documents for verification. On verification, it was found that she had entered wrong marks in her online application. According to respondents, it was clearly mentioned in point (ix) and (x) of para 8 of the Notification (Annexure A-3) that applications submitted without complete data will be rejected. In case an applicant uploads wrong documents/information and unnecessary documents, his/her candidature will be rejected and at the time of verification of documents upon short listing of an applicant, if the data/marks fed in the Portal are found mismatched with original documents, his/her candidature will be rejected even if there is small spelling error in name of applicant, father/mother name etc. Hence the candidature of the applicant was rejected due to mismatch of marks fed in online engagement portal with that of marks obtained by her in her SSC Examination. She was intimated vide letter of Superintendent of Post Offices Ambala dated 20.03.2023 (Annexure A-1) that her DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.01.20 11:53:36+05'30' 6 candidature was rejected as entered Marks/data not tallied with uploaded certificates marks/data. The candidates were guided fully through advertisement. Hence, it was the applicant, who has to furnish correct information & it was her sole responsibility. On the basis of wrong facts, the applicant is trying to secure her selection against the post. According to respondents, candidature of the candidate who had applied with wrong facts cannot be accepted as if it is accepted it will be against the natural justice with the candidates who have applied with correct facts. Hence, as per instructions of para 8(ix) and para 8(x) of the notification (Annexure A-3), the candidature of the said candidate was rejected for entering wrong information.
7. It is further submitted that on the ground of violation of examination condition is no more res-integra in view of Chandigarh Bench of tribunal in OA no 60/00139/2017 in the case of MANOJ KUMAR VS UOI vide orders dated 28.03.2018 & OA No.60/00663/2016 in the case of GOPAL VS UOI vide orders dated 11.09.2018. Principal Bench of the Tribunal in OA No.881/2017 vide ordered dated 20.03.2018 in the case of SHRI PRABHAKAR KASANA and in OA No.1966/2015 vide ordered 30.05.2015 in the case of RAM SINGH RAJPUT V/S GM/N. RAILWAY has upheld the administration decision of rejecting the candidate for violation of examination DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.01.20 11:53:36+05'30' 7 condition.
8. We have heard learned counsel for the parties and have gone through judicial pronouncements cited by both the sides and perused written statement dated 05.07.2023.
9. It is also undisputed fact that the advertisement had all the clauses stating out that the candidates must fill facts and figures correctly otherwise their candidature may be rejected at the time of document verification. But before invoking any clause of the advertisement to reject the candidature of a candidate, it has to be seen as to whether the action or omission is inadvertent or malafide.
10. We are not agree with the contention of the respondents that error was so grave as to be construed wrong or misleading information. The minor error essentially occurred due to interchange of marks between Social Science and Science and can be considered as inadvertent mistake and does not construed as inadvertent mistake and does not impact the selection process. The Hon'ble Apex Court in Civil Appeal No.1 of 2024 arising out of SLP (C) No.12230 of 2023 titled as Vashist Narayan Kumar Vs. the State of Bihar & Ors dated 02.01.2024 while allowing the appeal of the appellant has held as under:
"18. We are inclined to accept the explanation of the appellant that since the appellant was unaware of his own mistake he had mechanically signed the printed form. It is only later, on
11.06.2018, on the publication of the result that the appellant DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.01.20 11:53:36+05'30' 8 realized the error. We do not think that the appellant could be penalised for this insignificant error which made no difference to the ultimate result. Errors of this kind, as noticed in the present case, which are inadvertent do not constitute misrepresentation or wilful suppression.
19. In this case, the appellant has participated in the selection process and cleared all the stages successfully. The error in the application is trivial which did not play any part in the selection process. The State was not justified in making a mountain out of this molehill. Perhaps the rarefied atmosphere of the cybercafe, got the better of the appellant. He omitted to notice the error and even failed to avail the corrective mechanism offered. In the instant case, we cannot turn a Nelson's eye to the ground realities that existed." Emphasis supplied.
11. The facts of the case in hand are squarely covered with the facts and ratio of the judgment in Vashist Narayan Kumar (supra). Therefore, we find that the applicant is entitled to get the relief.
12. In view of the discussion hereinabove, the impugned order dated 20.03.2023 rejecting the candidature of applicant (Annexure A-1) is set aside. Respondents are directed to consider the case of the applicant and if eligible as per merit, to consider her case for appointment as GDS. The action must be completed within six weeks of receipt of this order by respondents.
13. The O.A is allowed with the aforesaid directions. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA) MEMBER (A) MEMBER (J) /kr/ DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c 485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6af DEVI a6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.01.20 11:53:36+05'30'