Allahabad High Court
Km. Varsha Chaurasia vs State Of U.P. & Others on 2 February, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 26 Case :- WRIT - A No. - 4998 of 2010 Petitioner :- Km. Varsha Chaurasia Respondent :- State Of U.P. & Others Petitioner Counsel :- V.K. Singh,G.K. Singh Respondent Counsel :- C.S.C.,R.S. Prasad Hon'ble Shishir Kumar,J.
Heard learned counsel for petitioner and learned counsel appearing for respondent No.2 and learned Standing Counsel.
As aggrieved by learned counsel for parties that writ petition can be decided finally at this stage under the Rules of the Court without inviting counter affidavit. Since the question involved in the present writ petition is purely legal and learned Standing Counsel does not intend to file any counter affidavit, therefore, the said writ petition is disposed of finally on the basis of relevant record.
The similar controversy has taken attention in this Court in Writ Petition No.2702 of 2010 (Upendra Nath Mishra Vs. State of U.P. and others) and this Court has held that such mistake is a human error and on that basis the candidature of petitioner cannot be cancelled. After going through the judgment, I am also of view that view taken by Hon'ble Single Judge is correct and there is no occasion for this Court to take a different view.
From perusal of record, it appears that petitioner applied for Special B.T.C. Training Course of 2008. It appears that due to human error petitioner who has obtained 249.5 marks cannot be penalized only on the ground that she has mentioned wrong caste code i.e. in place of (4 OBC) she has mentioned (3 ST) in the application form. The above error appears to be genuine and in- deliberate. In my opinion, such submission has got substance. In-deliberate human error is always possible in filing application unless and until it is shown and prove that it was deliberate. Therefore, such type of mistake should not be allowed to cause in serious prejudice to a candidate and on that basis a candidate should not be deprived of rightful claim. Admittedly, petitioner has obtained 249.5 marks.
In such circumstances this writ petition is allowed and respondents are directed to consider the candidature of petitioner by making necessary corrections and if on merit petitioner is entitled to be given admission in Special BTC Course, steps pursuant to above direction shall be taken by concerned respondent within a period of one month from the date of production of certified copy of this order.
No order as to costs.
Order Date :- 2.2.2010 SKD