Central Administrative Tribunal - Bangalore
Rajvir Singh Rajvi vs South Western Railway on 10 March, 2025
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OA.No.170/00232/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00232/2024
DATED THIS THE 10TH DAY OF MARCH, 2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
Rajvir Singh Rajvi,
S/o Hem Singh,
Aged about 45 years,
Residing at Dalman,
Churu-331 403
Rajasthan .... Applicant
(By Shri B.S. Venkatesh Kumar, Advocate)
Vs.
1. Union of India
Represented by General Manager,
South Western Railway,
Rail Soudha, Gadag Road,
Hubli 580 020
2. The Chairman,
Railway Recruitment Cell
South Western Railway,
Old GMs Office Complex,
2nd Floor, Club Road,
Keshavpur,
Hubli 580 023 ... Respondents
(By Shri Vishnu Bhat, Senior Panel Counsel)
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O R D E R (ORAL)
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
(a) Call for records of the case from the respondents and on perusal
(b) this Hon'ble Tribunal be pleased to issue a direction to the respondent No. 2 to permit the applicant to correct the error and change the disability from VISUAL IMPAIRMENT - BLIND (B) to Low vision category and as the applicant has secure much more than the cut off marks this Hon'ble Tribunal be pleased to further direct the respondent No. 2 to consider the case of the applicant under the Low Vision category and take further steps in regard to pre-appointment procedure;
(c) Grant such other relief/s as this Hon'ble Tribunal be pleased to grant to the applicant in the circumstances of the case including an order as to costs of the OA in the interests of justice."
2. The facts in brief as narrated by the applicant are that, pursuant to the recruitment notification issued by the 2nd respondent to various posts in Group D categories in Level-1 posts in South Western Railway, the applicant being physically challenged person with a disability of low vision and an eligible candidate, submitted his application on 06.04.2019 through CSC (Common Service kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 3 OA.No.170/00232/2024/CAT/BANGALORE Centre/e.mitra). Thereafter, the applicant appeared in the examination through a scribe and scored 52.51327 marks in the examination held on 06.10.2022. On 16.02.2023, 2nd respondent issued a letter Corrigendum/Amendment wherein for category VI (VI-LV), the cut-off for shortlisting the PwBD (Person with Benchmark Disabilities) candidates who are called for document verification/medical examination is 31.30265.
3. As the applicant did not receive any call letter for document verification or medical examination, he submitted an application under Right to Information Act, 2005 on 23.03.2023. In response, the applicant was informed that he has secured 52.51327 normalised marks but he could not be selected because the cut off for VI-B was 60.88505. At that time, the applicant realised that a bonafide error appears to have crept in while filling the application by the person manning the e.mitra i.e., as against the disability of Low Vision, it appears that it has been filled as Visual Impairment- Blind (B) which was not correct since, as could be seen from the disability certificate, he has only a low vision and he is not blind. Accordingly, the applicant submitted a representation duly enclosing the relevant documents and sought for an opportunity to correct his kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 4 OA.No.170/00232/2024/CAT/BANGALORE category from Visual Impairment-Blind (B) to that of Low Vision which remains unconsidered. On 27.12.2023, the applicant submitted another application under Right to Information Act intending to know the vacancy position in respect of vacancies reserved for candidates with disability. In terms of the information received, a total of 35 candidates were empanelled; 19 candidates have been referred for discrepancy and 5 persons were absent against total 59 vacant posts. Under the circumstances, the applicant has approached this Tribunal.
4. Learned counsel Shri B.S. Venkatesh Kumar representing the applicant submitted that the disability certificate issued by the competent authority as per Annexure-A3 specifies that he has 75% disability, however, instead of stating his disability as Low Vision, it was stated as Visual Impairment-Blind (B) in the application submitted online through the person manning e.mitra. The same being a bonafide error, the representation submitted by the applicant ought to have been considered by the respondents in a favourable manner but the respondents failed to respond to the same. Learned counsel has placed reliance on the following judgments:
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1) Shimala Jat vs State of Rajasthan and Ors. (Hon'ble High Court of Rajasthan at Jaipur, DD: 27.01.2017),
2) Kavita Choudhary vs The Registrar (Examination), Rajasthan High Court, Jodhpur and Anr. (Hon'ble High Court of Rajasthan at Jaipur, DD: 01.11.2017),
3) Haryana Staff Selection Commission through its Secretary vs. Sarla and Ors. (Hon'ble High Court of Punjab and Haryana at Chandigarh, DD: 22.02.2019).
5. Learned counsel Shri Vishnu Bhat representing the respondents submitted that the Railway Recruitment Board had published a Centralized Employment Notification dated 23.02.2019 calling online applications from the eligible candidates for filling up of 7167 vacancies in Level-1 of 7th CPC pay matrix over South Western Railway including RWF, YNK. The applicant while submitting his online application had mentioned his physical disability as Visual Impairment-Blind (B) and he has qualified in the Computer Based Test (CBT) held on 06.10.2022. The marks scored by the applicant is 52.51327. As per the cut off marks for PwBD, candidates for document verification to the category of Visual Impairment-Blind (B) was prescribed as 60.88505, the applicant's kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 6 OA.No.170/00232/2024/CAT/BANGALORE score being 52.51327, which was much lower than the cut off marks for Visual Impairment-Blind (B) candidates, the applicant was not shortlisted for document verification process. The cut off marks prescribed for Visual Impairment - Low Vision (LV) candidates who were called for document verification/medical examination was 31.30265. Inviting the attention of this Tribunal to para 20 of online application submitted by him, it was argued that the applicant has declared that if any of the information furnished by him is found to be untrue, the railway administration shall disqualify him, the post(s) applied for and/or shall be liable for action under the extant rules, as such, the applicant having given his disability as Visual Impairment- Blind (B), his request for correction of disability cannot be considered. Accordingly, seeks for the dismissal of the OA.
6. Heard the learned counsel for the parties and perused the material on record.
7. The factual aspects are not in dispute. The crucial point that arises for our consideration is, whether the applicant is entitled for the relief of correction of the error in changing the disability from Visual Impairment-Blind (B) to Lower Vision category submitted kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 7 OA.No.170/00232/2024/CAT/BANGALORE through online and to consider his case under the Low Vision category?
8. Before adverting to analyse the case on hand, it is apt to refer to the judgments cited by the learned counsel for the applicant. In Shimala Jat, supra, the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur, while considering the correction of error in her application form filled online regarding the marital status wrongly feeded as "divorced" instead of "widow" observed that in a case where the candidate is a widow on the day when the application form was filled, which has been substantiated by the death certificate of her husband placed on record, and application being filled online through e-mitra and not by the candidate personally, appears to be due to human error, and accordingly, directed the respondents to consider the candidate's (petitioner therein) status in widow category in place of divorced as being mentioned in her application form.
9. In Kavita Choudhary, supra, the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur examining the claim made by the candidate to be a member of an Other Backward Class whereas, while filling up the online application form she wrongly clicked the option "OBC-Creamy layer", noticed that the learned kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 8 OA.No.170/00232/2024/CAT/BANGALORE Single Judge holding that, being an educated person, the appellant (candidate) ought to have been careful ruled that "To err is human. We do not note the second part: To forgive is divine". Further, it has been held that "Mistakes can be of two kinds. First kind would be where nobody is affected by a mistake. The second is where a third party is affected by a mistake. The difference in the two mistakes would be that whereas rectification of the first would cause no prejudice, rectification of the second would cause a prejudice." Referring to the judgments holding the field, the Hon'ble High Court (Division Bench) disposed of the appeal preferred against the order of the learned Single Judge directing that the appellant be treated as OBC Non-Creamy Layer candidate permitting her to participate in the further selection process.
10. In Haryana Staff Selection Commission, supra, the candidature of the candidate was cancelled on the ground that in the online form she had declared her category as BCB but the certificates certifying that she belongs to EBPG category accompanied the application form. In that context, it has been observed thus:
"5. We cannot loose sight of the fact that in view of the prevailing socio economic condition in our country, every citizen is neither net savvy nor has a computer or laptop readily kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 9 OA.No.170/00232/2024/CAT/BANGALORE available for use. In these circumstances, when such a candidate has to submit an application on-line he has to dependent upon the cyber cafés providing the net services. Being himself/herself not computer and net savvy the candidate has to depend upon the operator in the cyber café to fill in online form and in such a circumstance if any mistake occurs it would be wholly unrealistic and arbitrary to make such a candidate suffer. It is also to be taken note of that if an incorrect entry is made due to human error, there is no provision on the website of the Commission allowing correction in the online application form. In these circumstances, if a mistake is committed, there being no provision for carrying out correction, even if it is noticed subsequently, a poor candidate is to suffer for no fault.
6. In the case in hand, the respondent-petitioner is a poor widow lady and is resident of village Karora, District Kaithal, where she was working as an Anganwari Worker. It is pleaded in the writ petition that online application form was submitted by her through computer centre in the village. In view of the aforesaid facts and circumstances we find no illegality in the view taken by the learned Single Judge allowing the claim of the respondent-petitioner."
11. Coming to the case on hand, the applicant has submitted his online application through e.mitra wherein the Certificate No. 186 dated 18.09.2018 issued in the district - Churu, Rajasthan has been referred declaring the type of disability as Visual Impairment- Blind (B). The said certificate placed on record at Annexure-A3 indicates 75% disability in both eyes. The applicant has appeared for the written examination on 06.10.2022 through a scribe pursuant to the call letter issued by the 2nd respondent and has scored 52.51327 marks. The applicant being physically challenged with low vision, kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 10 OA.No.170/00232/2024/CAT/BANGALORE and hailing from a small town, not well-versed with computers or operation, certainly depended on the person managing e.mitra/Common Service Centre of the area concerned while submitting his online application for the subject post. In such circumstances, if any bonafide mistake has occurred, merely on technicalities, such a candidate should not be made to suffer. To err is human. If any human error has crept in, that too by a physically challenged low vision person in submitting his online application, the same ought to have been considered sympathetically by the respondents.
12. The judgments analysed by us in the preceding paragraphs would indicate the human error and its impact in submitting the online application vis-a-vis the holistic approach of such bonafide cases in responding to the claim of the applicants for necessary correction in the online application form. Compared to those cases, the case of the applicant herein stands on a better footing, being low vision person who has written the examination with the assistance of a scribe and the disability certificate particulars filled in the application form indicates 75% vision. The change of category claim made by the applicant matches with the certificate particulars kavya shree k CAT, kavya shreeBangalore k 2025.03.21 14:32:03 +05'30' 11 OA.No.170/00232/2024/CAT/BANGALORE submitted by the applicant in his application form submitted. It is trite that the object of providing reservation for physically challenged persons - blind/low vision - is to ensure full and effective participation and inclusion of persons with disabilities in all aspects of the society. It is to ensure that people with disabilities have equal opportunities, dignity and are free from discrimination. It is not an empty formality. The rights of such people requires to be recognised and exercised by implementing the same in letter and spirit.
13. As observed by the Hon'ble High Court of Rajasthan in Kavita Choudhary, supra, a mistake where nobody is affected, if permitted to be rectified, would cause no prejudice. The applicant is not seeking for consideration of his case for recruitment disturbing the selected/appointed candidate in the category of low vision. The information provided under the Right to Information Act would indicate that out of total 59 vacancies, 35 have been empanelled, referred state medical authority for discrepancy is 19, absent during document verification is 5. Such being the position, if the vacancy is available, permitting the applicant to change his category from Visual Impairment - Blind (B) to Low Vision would not cause any damage, prejudicing the rights of the selected/appointed candidates.
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14. In Justice Sunanda Bhandare Foundation vs. Union of India reported in (2014) 14 SCC 383 it has been held as under:
"9. Be that as it may, the beneficial provisions of the 1995 Act cannot be allowed to remain only on paper for years and thereby defeating the very purpose of such law and legislative policy. The Union, States, Union Territories and all those upon whom obligation has been cast under the 1995 Act have to effectively implement it. As a matter of fact, the role of the governments in the matter such as this has to be proactive. In the matters of providing relief to those who are differently abled, the approach and attitude of the executive must be liberal and relief oriented and not obstructive or lethargic. A little concern for this class who are differently abled can do wonders in their life and help them stand on their own and not remain on mercy of others. A welfare State, that India is, must accord its best and special attention to a section of our society which comprises of differently abled citizens. This is true equality and effective conferment of equal opportunity."
15. Thus, we are of the considered view that a liberal approach is necessary in the case of visually impaired persons/low vision persons while considering the correction of error in the on-line application form submitted for recruitment of posts notified. Hence, we pass the following:
:ORDER:
1) The respondents are directed to permit the applicant to correct the error in the application submitted by him and change the disability from Visual Impairment-Blind (B) to Low Vision category.
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2) The respondents shall consider the applicant's case under the Low Vision category in regard to the appointment procedure, subject to availability of vacancy under Low Vision category for the post of Group D (erstwhile) categories in Level-1 posts of South Western Railway.
3) OA stands disposed of in terms of above.
No order as to costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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