Central Administrative Tribunal - Delhi
Nitish Kumar vs Department Of Personnel And Training on 2 November, 2023
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Item No. 27-A (C-4)
O.A. No. 3509/2022
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3509/2022
M.A. No. 3561/2022
This the 02nd day of November, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
1. Nitish Kumar.
S/o Awadhesh Singh,
R/o Bhabua Kaimur (Bhabua) Bihar-821101
2. Shailesh Rawat
S/o Manmohan Singh Rawat
R/O PO Nimbu Chaur, Durgapur, Nimbuchaur, Pauri
Garhwal Uttarakhand-246149
3. Dheeraj Kumar S/o Santosh Kumar R/o House No.106,
Ward No.11 Near Bal Ashram, RS Pura Jammu & Kashmir-
181102
4. Rishabh Sharma
S/o Rakesh Kumar Sharma R/o House NO.B-2/189, First
Floor Maharaj Agrasen Park, Yamuna Vihar North East
Delhi-53
5. Savin
S/o Hari Om R/o Jaisa (82), Rohtak Haryana-124001
6. Sheetal Boora S/o Gurdip Singh R/o 962 Ghirai, (24)
Hisar Haryana-125033
7. Vishwesham Soni S/o Anand Kishore Soni R/o 344,
Sonaron K. Ghati Near Balji Temple, Jodhpur, Rajasthan-
342001
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Item No. 27-A (C-4)
O.A. No. 3509/2022
8. Ajay Kumar Meena S/o Guvada Klayan R/o Seeli Baori,
Seelibaori, Alwar, Rajasthan-301022
9. Katole Anirudha Kailash S/o Kaliash Katole R/o Near
Pathak Hospital Asegaonkarle Out, Nai Nagar Pusad,
Yavataml Maharasthra-445204
10. Ashutosh Kumar S/o Kaushal Kishore Thakur R/o T-
231, 2ND Floor, Near Sanatan Dharam Mandir, Baljeet
Nagar, Central Delhi, Delhi-110008
11. Chandan Singh Bora S/o Dalip Singh Bora R/o Falya
Malia Kholi, Almora, Someshwar, Uttarakhand-263637
12. Gaurav Agrawal
S/o Ramesh Chandra Agrawal R/o Near Blooms Academy
Campus Arjun Nagar Pateri Satna, M.P. 485001
13. Sanchari De
S/o Amlan De
R/o H. NO. 201, Laxmipur Mad
Near Amra Sobai Club Raj College
More, Bahir Sarbamangala (P) Barddhaman
West Bengal - 713101.
14. Neha Sharam D/o Ghanshyam Sharma, R/o 15,
Vivekanand Puram Samiti Sawai Madhopur, Sawai
Madhopur, Sawaimadhopur Rajasthan-322001
15. Manu Sharma S/o Krishna Gopal Sharma R/o B-1/5,
Kiran Garden Uttam Nagar, West Delhi-110059
16. Vineet Kumar S/o Vikramjeet R/o Alnawa Kashi Pur
Abedkar Nagar, U.P.224145
17. Chetna Goyal D/o Mahesh Chand Agrawal R/o Bas
Stand, Kaladev Karauli Rajasthan-322243
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O.A. No. 3509/2022
18. Shivam Pansari
S/o Dani Shankar Parasari R/o 77/3, C Gandhi Gram
Second Kanpur, Kanpur Nagar, U.P. 208007
19. Kartikeya Gupta
S/o Sudama Lal Gupta R/o Hanumana, Rewa M.P. 4863305
20. Raja Ram Megwal S/o Bala Ram Megwal R/o Village-
Gada, Post-Gada Gara, Shergarh, Jodhpur Shergarh,
Rajasthan-342022
21. Aman Bhoria S/o Raj Kumar R/o 15/13), B, Medical
Campus, Rohtak, Haryana-124001
22. Gaurav Kumar S/o Sondhi Sharma R/o Lakhisarai,
Ramgarh Chowk Bihar-811311
23. Manisha Kumari Sharma D/o Devendra Prasad Sharma
R/o Karichak, Barth Patna, Bihar-803213
24. Isha Bhatia W/o Vikas Aswal R/o C-4, 4th Floor, Type-2,
Tower-11, East Kidwal Nagar Kidwal Nagar, East South
West Delhi-110023
25. Mahipal Bidiyasar S/o Girdhari Ram R/o Seenwa,
Ratau, Nagaur Rajasthan-341317
26. Akshat Jaiswal S/o Narendra Jaiswal R/o 93, Pawan
Vihar, Pilibhit By Pass Road, Bareilly R.K. University.
Nawabganj, Bareilly, U.P.243006
27. Jatin Pandey S/o Vijay Kumar R/o RZ-F/127, Gali no.4
Mahavir, Enclave South West Delhi-110045
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28. Reeta Meena D/o Madan Lal Meena R/o Gram Khedla
Gadali, Post Rothhadia, Tehsil Mahwa Ront, Mahwa, Dausa,
Rajasthan-321608
29. Akshat Pareek S/o Radha Krishan Pareek R/o 356, Rajni
Vihar Ajmer Road, Heerapura Jaipur, Rajasthan-302021
30. Amar Gour S/o Kanhaiya Lal R/o House No.549, Ward
No.18 Naya Mohalla Gram-Raipur, Raipur Hoshangabad,
Madhya Pradesh-461001
31. Nitin kumar Meena S/o Nihal Singh Meena R/o 46D,
Sumit Vihar Ramnagariya, Jaipur Rajasthan-302017
32. Atul Kumar Thakur S/O Satyendra Thakur R/o Ward
No.11, Rahika Rahika Madhubai, Bihar-847238
33. Sagar Ahire S/o Naryan Ahire R/o Mu. Po. Boris
Maharasthra-424307
34. Rahul Jain S/o Anil Kumar Jain R/o 12C, Jhang
Apartment Plot No.40, Sector-13 Rohini, North West Delhi-
110085
35. Prashant Parimal S/o Rama Nand Singh R/o Ward
No.28, Lohiyangar, Panhane Begusari, Bihar-851215
36. Shobhit Kumar Kanojia S/o Suresh Chandra, R/o
Sangam Vihar Colony Chandausi, Sambhal U.P.202412
37. Saurabh Chandra S/o Jamvant Singh R/o 111, Nari
Pachadevara-2, Nari, Pachdewa, Nari Pachdeora Ghazipur,
U.P.-233302
38. Pratibha Gupta S/o Hari Kishan Gupta R/o 76/39A
Halsey Road Kanpur Kanpur Nagar, U.P.208001
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39. Satyendra Kumar S/o Mahesh Chand R/o House No.254
Near Old Shiv Mandir Rangpuri, New Delhi-37
40. Mathava Arun S/o Selvaraj R/o 1/195A, Anbu Nagar
Itanthankudipatti Sivagangal Taluk Kanjirangal Sivaganga,
Tamil Nadu-630562
41. Rishabh Kumar S/o Tezpal Singh R/o E-333, Gali No.18,
Amar Colony, East Gokal pur New Delhi-110094
42. Kanchan Gurung S/o Jiwan Gurung R/o Bijangwari,
Kolkata West Bengal
43. Shreya Trivedi S/o Ajay Kumar Trivedi R/o H. No.472E,
Ashiana Sector-NLD A Colony, LDA Colony, Lucknow
U.P.226012
44. Gaurav Kumar Sahu S/o Upendranath Sahu R/o
Damodarpur, Motigan) Baleswar, Odisha-756003
45. Amarjeet Kumar S/o Rampravesh Prasad R/o Village
Ghandanpura Post Pachlova Islampur, Nalanda
Bihar801303
46. Sharvan Kumar S/o Dharampal R/o Ward No.5,
Hanumangarh Rajasthan-335524
47. Deepak Kumar
S/o Anil Kumar R/o Jharili 154, Haryana-124108
48. Rohit Pandey
S/o Ganesh Dutt R/o Adarsh Colony, Khatima, Near Van
Udham Singh Nagar, Uttarakhand-08
49. Udit Narayan Samriya S/o Rameswar Lal Samriya R/o
Dantiya Alwar Rajasthan-321606
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O.A. No. 3509/2022
50. Kaushal Kumar Pathak S/O Umeshwar Pathak R/o
Dayaram Jote, Naxalbari, Dayaram Darjeeling West Bengal-
734429
51. Sushant Gautam S/o Satyapl R/o D-101B, Sector-15,
Noida Gautam Buddha Nagar U.P.201301
52. Mrityunjay Kumar S/o Shailendra Bharti R/o T-510/C-
65 Radhey Krishan Gali Baljeet Nagar, Patel Nagar West
Delhi-11008
53. Pushpendra Kumar S/o Ramkishan R/o Kaitha Kaintha
Hamipur, U.P.210431
54. Vedpraksh Meena S/o Shivcharan Meean R/o H.
No.254, Near Old Shiv Mandir, Rangpuri New Delhi-37
55. Abhilash Shukla
S/o Pramod Kumar Shukla R/o H. No.254, Near Old Shiv
Mandir, Rangpuri New Delhi-37
56. Ravi Prakash Soni S/o Lal Chand Soni R/o Ward No.11
Ratangarh, Churu Rajasthan-331022
57. Lalit Kishore Meena S/o Vidhy Ram R/o Tarwa, Rahrai
Dholpur, Rajasthan-328031
58. Pardeep Kumar S/o Narender Singh R/o VPO Gudana,
Distt. Bhiwani Haryana-127310
59. Anjali
D/o Vinod Kumar R/o H. No.254, Near Old Shiv Mandir,
Rangpuri New Delhi-37
60. Shivani
D/o Ram Kishore R/o H. No.AB 109, Amarpuri Ram Nagar,
Pahar Ganj Central Delhi-55
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O.A. No. 3509/2022
61. Anita
D/o Manager Gupta R/o 3/11, Block-3, Veena Enclave
Nangloi, Delhi-110041
62. Nikhil Chandra
S/o Nirmal Kumar R/o C/O SN Gupta E-10, Deshratna Path
Vijay Nagar, Kankarbagh Patna-80, Bihar-800026
63. A Rajavardan S/o A Usanna
R/o H. No.254, Near Old Shiv Mandir, Rangpuri New
Delhi-37
64. Aviral Srivastava
S/o Sanjay Kumar Srivastava R/o 134-B, Darghiya
Nandangar Post Kunraghat Gorakhpur, U.P.273008
65 . Shivam Awasthi
S/o Uma Shanker Awasthi R/o Plot No.2 Karrahi Gunjan
Vihar Kanpur Nagar, U.P.208027
66. Shubham
S/o Ramesh Bansal R/o Bansal Road Lines, Near Geeta
School, Uchana Kalan, Jind Haryana-126115
67. Abhishek Kumar
S/o Vijay Shankar Prasad R/o Gram-Suremanpur, Thana
Bairia, Suremanpur, Balia, U.P.277208
68. Amit Garg
S/o Ram Nath Garg R/o 14, Kanchan Vihar Vijay Nagar,
Lamti Agrsen Ward Jabalpur, M.P.482001
69. Aditi Garg
S/o Ramnath Garg. R/o H. No.14, Sector 3 Kanchan Vihar
Vijay Nagar, Jabalur, M.P.482002
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O.A. No. 3509/2022
70. Nitin Bankey S/o Sardar Bankey R/o Ward No.04, Post-
Charkheda Mukam-Charkheda Harda M.P.461228
71. Akshay Singh Tomar S/o Ishwar Singh Tomar R/o MB-
35 Vatasla Vihar Colony Civil Line Kahndwa Khandwa (East
Nimar) M.P.-450001
72. Md. Faraz Anjum S/o Hafiz Md. Firoz Anjum R/o F-
340A, Lado Sarai New Delhi-110030
73. Mritunjay Mishra S/o Om Prakash Mishra R/o S-166B
School Block Shakarpur, Shakarpur, East Delhi-110092
74. Anand Patel S/o Sanjay Kumar Singh R/o
Ramlaxmanpur, Rampur Kala, Chandauli U.P.-232103
75. Raushan Kumar S/o Baliram Prasad Yadav R/o Gonathi
PS-Ratahi Distt. East Champran Bihar
76. Rohit Garg S/o Keshav Dev Garg R/o Agrawal Colony,
Sarmathura, Dholpur Rajasthan-328026
77. Shivendra Pratap S/o Dayanand R/o Opp. Durga Mandir
Bishunpura, Barhi, Gorakhpur U.P.273405
78. Jai Singh S/o Bhola Singh Yadav R/o Jamaniyan,
Lamui, Ghazipur, U.P.232331
79. Manish Kumar Singh S/o Tulsi Prasad Singh R/o
Motihari Bihar-802220
80. Kumar Kartik
S/o Om Prakash R/o H. No.19, Mohan Garden Extn. Uttam
Nagar
West Delhi-59
81. Vishal Gangwar
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Item No. 27-A (C-4)
O.A. No. 3509/2022
S/o Satish Chandra Gangwar R/o H. No.254, Near Old Shiv
Mandir, Rangpuri New Delhi-37
82. Atul Dutt S/o Kishori Chand, R/o Tehsil Bangana,
Lathiani, Una, H.P.-174308
83. Gaurav Pandey
S/o Krishna Kumar Pandey R/o H. No.6, Gali No, 19 A2
Block Sant Nagar Near SBI ATM, Burari, New Delhi-110084
84. Praveen Kumar S/o Surender Singh R/o House No.1,
Near Primary, Isharwal Bhiwani, Haryana -127043
85. Kher Vipulkumar S/O Balabhal Kher R/o Goletar Vas
Bhandariya Gujarat-364730
86. Anmol Ratan Sagar S/o Tikam Singh R/o Preet Vihar
Ganeshpur, Rooorkee Haridwar-247667 Uttarakhand
87. Nidhi Dhanuk D/o Ram Kishor Dhanuk R/o S-24/106-2,
Taktakpur, Varanasi U.P.-221002
88. Piyush Painkra S/o S.P. Painkra R/o h. No.344, Ward
No.1 Street 1/b, Smriti Nagar Junwani Bhilai Motilal Nehru
Nagar Durg, Chhattisgarh-490020
89. Ajay Malik
S/o Dalbir R/o VPO Bhainswal Kalan Tehsil Gohana
Sonipat Haryana 131409
90. Ankit Baswal S/o Babu lal baswal H. No.254, Near Old
Shiv Mandir, Rangpuri New Delhi-37
... Applicants
(By Advocate: Mr. Sudhir Kumar)
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Item No. 27-A (C-4)
O.A. No. 3509/2022
Versus
1. Union of India,
Through its Secretary
Ministry of Personnel Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi-110001
2. Staff Selection Commission
Through its Secretary
Block No.12, CGO Complex, Lodhi Road New Delhi-110003
...Respondents
(By Advocate: Mr. Sharat Gopal for Mr. Ramjan Khan)
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Item No. 27-A (C-4)
O.A. No. 3509/2022
O R D E R (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A):-
The applicants were aspirants for various Group 'B' and Group 'C' posts in the different Ministries/Departments of the Government of India. However, their candidature was rejected on the ground that the photograph affixed to the requisite form was not in accordance with the instructions.
Since it was a statutory requirement, the respondents in the light of their policy and instructions governing the examination cancelled their candidature. However, on the strength of an interim order, they have participated in the selection process provisionally.
2. The applicants have challenged the action of the respondents by virtue of the present O.A. seeking the following relief(s):-
" i) Set aside the decisions on which the respondent No.2 has disqualified/rejected the application of the petitioners respect to the notification on 17.09.2022 vide No. F.No.HQ-
PPI03/11/2022-PP_1 and status for combined graduate Level Examination -2022; and
ii) Direct the respondent No.2 allow the Applicants to write the exam which starts from 1st to 13th December 2022; and 12 Item No. 27-A (C-4) O.A. No. 3509/2022
iii) Pass such other or further order/ orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
3. The only ground taken by the applicants in the O.A. as put forth by their learned counsel is that the action of the respondents is mala fide and unconstitutional. Now, what mala fide and what specific provisions of the constitution have been violated has not been explained.
4. Mr. Sharat Gopal, learned proxy counsel for the respondents, while drawing attention to the counter reply filed on behalf of the respondents submits that the issue which is subject of this O.A. is no more res integra; it has been adjudicated to a finality up to the level of Hon'ble Apex Court, specifically, in W.P.(C) No. 234/2018 titled Shantanu Kumar & Ors. Vs. Union of India & Ors. In fact, he draws attention to a large number of judgments/pronouncements on the subject which would clearly establish that the issue cannot be reopened now. Annexed with the counter reply is also an order of the Srinagar Bench of this Tribunal in a bunch of O.As. with the lead one being O.A. No. 717/2022 dated 07.12.2022. The Srinagar Bench in this order has thrashed out the entire issue threadbare. Accordingly, it 13 Item No. 27-A (C-4) O.A. No. 3509/2022 would be appropriate to reproduce the said order verbatim below:-
" The respondents Staff Selection Commission (hereinafter SSC) issued advertisement No. Selection Posts/Ladakh/2022 dated 23.5.2022 for various posts for UT of Ladakh. The schedule of the examination prescribed in the advertisement was as follows :
The applicants applied for the posts so advertised. Subsequently on scrutiny the applications of the applicants were rejected on 22.7.2022 for the various reasons as follows :
i) Photographs with cap, spectacles, goggles, poor quality, miniature, side facing;
ii) Blurred/miniature signatures;
iii) Non submission of Resident Certificates as per Notice of Exam.14
Item No. 27-A (C-4) O.A. No. 3509/2022 The applicants filed the present OA before this Tribunal for direction to the respondents to allow the applicants to participate in the process of examination scheduled to be held from 1.8.2022 onwards. The said OA came up for hearing on 27.7.2022 whereby this Tribunal allowed the applicants to participate in the process of examination at their own risk and cost.
2. Learned counsel for the applicants submits that the applications of the applicants have been rejected by the respondents without affording any opportunity to correct the mistake. He further submits that SSC is conducting the said examination in the UT of Ladakh for the first time and the applicants being residents of remote border area, they are not aware of the procedure prescribed by the respondents. He further submits that the respondents have accepted some of the forms filled up from the same computer and applications of the applicants have been rejected on the grounds of blurred photographs and signatures which is discriminatory under the law. He further submits that the judgment and order dated 5.3.2020 passed by Hon‟ble Supreme Court in WP(C) No. 234/2018 (Santanu Kumar & Ors. -vs- Union of India & Ors.) is distinguishable and is not applicable to the case of the applicants.
15Item No. 27-A (C-4) O.A. No. 3509/2022
3. On the other hand learned counsel for the respondents submits that the procedure which was to be followed by the applicants was given in the advertisement notice itself and it was clearly mentioned in the said advertisement notice that the applicants must read the advertisement notice carefully before filling up the application form. It was specifically made clear to all the applicants that they will have to follow the procedure prescribed in the advertisement notice. Learned counsel for the respondents further submits that the applications of the applicants have been rejected on the ground that the photographs and signatures in the application forms were defective which will lead to malpractice in the examination. This was only for stopping impersonation and unfair means in the examination. It was necessary that the photographs and signatures of the candidates who are going to participate in the examination, must be genuine.
4. Heard learned counsels for both sides.
5. The respondents issued an advertisement No. Selection Posts/Ladakh/2022 dated 23.5.2022 for filling up certain posts in the UT of Ladakh. Detailed advertisement notice was issued in the website of the respondents and it was made clear to all the applicants to strictly follow the procedure given in the said notice. The details and necessary instructions given in the said notice are reproduced as follows for ready reference : 16
Item No. 27-A (C-4) O.A. No. 3509/2022
1. Online Applications are invited from eligible candidates for the Selection Posts indicated in Annexure-III of this Notice.
Only those Applications which are successfully filled through the Website of the Commission and found in order shall be accepted. Candidates should go through the Recruitment Notice carefully before applying for the post and ensure that they fulfill all the eligibility conditions like Resident Criteria/Age Limit/Essential Qualifications (EQs)/Experience/Category, etc. as indicated in this Notice. Candidature of candidates not meeting the eligibility conditions will be cancelled at any stage of the recruitment process without any notice. Candidature of Applicants shall be purely PROVISIONAL at all stages of the recruitment process. 10.4 Candidates are advised in their own interest to submit online applications much before the closing date and not to wait till the last date to avoid the possibility of disconnection/inability or failure to login to the SSC website on account of heavy load on the website during the closing days. Para 5(b) The candidate/applicant must be a Resident of Ladakh and must possess a Resident Certificate as per format at Annexure-VII issued by a Competent Authority in accordance with the Union Territory of Ladakh Grant of Resident Certificate (Procedure) Order, 2021. Para 15.12 Applications with blurred photograph and/or signature will be rejected. Also Photographs with cap, spectacles, goggles, poor quality, miniature, side facing will be rejected. Para 18.3 Applications which have blurred photograph/miniature photograph/side facing photograph/photograph with goggles /photograph with spectacles/photograph with caps/no photographs, blurred/no signature/miniature/fee not received/ incomplete application/etc. will be rejected. Specimen of Photographs acceptable/non-acceptable are given at Annexure XII. Kindly see. Para 20.1.3 (reasons for rejection/cancellation of application/ candidature of candidate) : Application without clear photograph (miniature photograph/side facing photograph/photograph with goggles /photographs with spectacles/photograph with caps/no photographs, blurred photographs etc.) and legible signature. Para 24(i) : In the online Application Form, candidates are required to upload the scanned color passport size photograph in JPEG format (20 KB to 50 KB). The photograph should not be more than three months old from the date of publication of the Notice of Examination. Image dimension of the photograph should be about 3.5 cm (width) x 4.5 cm (height) and the face should occupy about 40% of the area of the phototroph with a full face view. The photograph should be without cap, without spectacles. Applications with poor quality, miniature and blurred photographs/side acing photographs will be rejected. Candidates are required to 17 Item No. 27-A (C-4) O.A. No. 3509/2022 upload the scanned signature in JPEG format (1-0 to 20 KB). Image dimension of the signature should be about 4.0 cm (width) x 2.0 cm (height). Applications with blurred/illegible photograph/Signature will be rejected. Annexure V: Para 1(a) : In the online Application Form, candidates are required to upload the scanned color passport size photograph in JPEG format (20 KB to 50 KB). The photograph should not be more than three months old from the date of publication of the Notice of Examination. An undertaking will be given by the candidates in this regard. Image dimension of the photograph should be about 3.5 cm (width) x 4.5 cm (height) and the face should occupy about 40% of the area of the phototroph with a full face view. The photograph should be without cap, without spectacles. Applications with poor quality, miniature and blurred photographs/side acing photographs will be rejected. Specimen of photographs not acceptable are given at Annexure XII. Kindly see. Para 3 of Notice dated 15.6.2022 (Addendum to Notice of Exam dated 23.05.2022): The candidates whose Resident Certificate will not be received by the Commission through the window/link by 05.07.2022, their candidature will not be considered for Computer Based Examination of Selection Posts/Ladakh/2022."
6. From the above instructions given in the advertisement notice, it is clear that the guidelines were clearly issued in the advertisement notice in advance for information to all the prospective aspirants. Along with the advertisement notice, the respondents have also given a chance to correct the mistakes if any, in the form uploaded by the applicants. Time from 27.6.2022 to 29.6.2022 was provided to correct the mistakes, if any, in the application. Again the time for this purpose was extended for a period of one week upto 25.7.2022 (23.00 PM) - on special request from Ladakh which is as follows :
"WINDOW FOR APPLICATION FORM CORRECTION [27.06.2022 TILL 29.06.2022 (23.00 PM)] 12.2 A candidate will be allowed to correct and re-submit his 18 Item No. 27-A (C-4) O.A. No. 3509/2022 modified/corrected application two times during the „Window for Application Form Correction‟ i.e. if he/she has made mistake in his updated application also, he/she will be allowed to resubmit one more modified/corrected application after making requisite corrections/modifications. No more corrections in the application form will be allowed under any circumstances. 12.3 Only those candidates will be allowed to make corrections in the application form, whose completed online applications along with payment of requisite fee, have been received by the Commission within the specified period."
7. Respondents issued advertisement notice dated 23.5.2022 along with the details guidelines for ensuring transparent and smooth examination and recruitment in order to avoid any irregularities. To complete the process of selection in a fair and impartial manner, it was essential to follow the guidelines issued in the advertisement notice. The specific instructions with regard to the photographs and signatures were especially given in the said advertisement notice since they were significant and essential to conduct the examination in a smooth manner. It is so, for the reason to avoid the malpractice or impersonation and to ensure that genuine and eligible candidates appear in the examination. In view of above, the contention of the applicant that the application forms were rejected without giving any chance for correction is baseless and therefore is rejected.
8. In a similar situation when the allegations of malpractice and irregularities were alleged before the Hon‟ble Supreme Court in the matter of Santanu Kumar & Ors. -vs- UOI & Ors. in WP (C) No. 234/2018, the Hon‟ble Supreme Court appointed 19 Item No. 27-A (C-4) O.A. No. 3509/2022 a committee headed by Hon‟ble Mr. Justice G.S. Singhvi, Former Judge of Supreme Court of India as Chairman along with seven other members to look into the alleged malpractice and irregularities and for making suggestions for conducting such competitive examinations in future. The said committee held its meeting on 25.9.2019 and submitted its report to Hon‟ble Supreme Court along with suggestions and certain steps to be taken by the examination bodies. The relevant paras of the said committee suggestions are reproduced as follows :
"PRECAUTIONS REQUIRED TO BE TAKEN AT PRE-
EXAMINATION STAGE 1) Every candidate should be asked to mention his/her name, name of mother and father in the extended form i.e. full name and not in abbreviated form. 2) Soft Copy of photograph (without spectacles and cap) taken within three months from the date of filling of the application should be uploaded by the candidate. 3) Candidate should provide the details of the educational qualification in the online application form viz. details of class passed, Examination Board‟s details, Roll number, Boards document number etc. 4) On one mobile number only one application be allowed to be filled. This will help in addressing the problems created by coaching centers or the mafia involved in unfair means activities. This mobile number will be used to send the One Time Password (OTP) for submission of application. 5) In all the documents issued by the examination conducting body, all the information may also be given in the QR code. This will help exam conducting body in matching the information given/visible on the document and in the QR code. Candidates are changing the visible data and thus n matching both visible/QR data will help in ascertaining the genuinely of the candidate. 6) IP address of the computer which is used for submission of application be also recorded and mentioned on the Admit Card."20
Item No. 27-A (C-4) O.A. No. 3509/2022
9. Hon‟ble Supreme Court vide its final order dated 5.3.2020 considered and accepted the said committee report and passed the following order :
"2. We find that there are two aspects of the report submitted by the Committee. The first aspect deals with the malpractice said to have been committed in the Combined Graduate Level Exam II, 2017 in which about 1.5 lakhs candidates appeared. The other aspect is the one pertaining to reforms of this examination. 7. As far as the second aspect is concerned, we record appreciation for the suggestions made by the Committee for the reforms in the system. We direct that the said reforms suggested by the Committee shall be implemented immediately without any delay."
10. The report of the said committee accepted by the Hon‟ble Supreme Court has become a part of judgment and order passed by the Hon‟ble Supreme Court on 5.3.2020 and binding on all the Courts in India under Article 141 of the Constitution. Recommendations No. 1 and 2 made by the Committee clearly states that name and photographs uploaded in the form should be without spectacles and cap. Obviously this must be clear and visible to avoid any malpractice in the examination. In view of this, the contention of the applicants that the said judgment of Hon‟ble Supreme Court is not applicable to them, cannot be accepted and rejected.
11. The next contention of the learned counsel for the applicants that since the said examination is conducted in the UT of Ladakh for the first time, the applicants were not aware of the procedure and its implications and therefore the 21 Item No. 27-A (C-4) O.A. No. 3509/2022 applications of the applicants may be accepted as they were ignorant of such procedure and guidelines. This argument of the learned counsel for the applicants is also baseless and cannot be accepted for the reason that the detailed guidelines and the procedures are clearly mentioned in the advertisement notice dated 22.3.2022 which are mandatory for all the aspirants to follow the same. Moreover, the ignorance of law is not an excuse and every one must be aware of the law and cannot claim ignorance of law as an escape from liabilities. In other words, ignorance of law is not an excuse and people cannot defend their actions and inactions by claiming that they did not know the law. In the present case the applicants were well informed in advance by the advertisement notice and through information brochure which was part of the advertisement notice specially making it clear that all the applicants had to follow the procedure and norms prescribed in the advertisement notice dated 23.5.2022. The applications of the applicants have been rejected on various grounds including that the blurred signatures and photographs, which means it is not clearly visible and gives scope for malpractice and impersonation.
12. In a similar matter Hon‟ble High Court of Allahabad while dismissing a Writ Petition No. 48846/2006 (Ram Kailash Saroj & Ors. -vs- UOI & Ors. ) vide order dated 28.8.2012 has 22 Item No. 27-A (C-4) O.A. No. 3509/2022 clearly held that strict adherence to the terms and conditions is paramount consideration and the same cannot be relaxed. Hon‟ble High Court of Calcutta in an identical case in WP No. 6850/2022 (Snehasis Mitra -vs- UOI & Ors.) vide order dated 21.4.2022 has held as follows :
" The law is well-settled in this context. If the selection process speaks of a particular procedure to be applied for a candidate to submit his/her candidature the candidate has to abide by such specifications. In the instant case, photograph without spectacles was clearly mentioned and the petitioner having submitted a photograph with spectacles cannot now complain of his candidature being rejected. That apart and in any event, SSC had in their website uploaded an important notice under the nomenclature "Window for Application Form Correction". A print out of such notice is made over to the Court by the learned advocate appearing for SSC. The same is taken on record. This window was available to a candidate for correction of mistake in the form from 28th January, 2022 to 1st February, 2022. The said notice allowed correction of mistake in the application form as also in the updated application form within the aforesaid period. The petitioner could have availed this opportunity if he had a doubt about the photograph submitted by him in the online application being with spectacles. The petitioner appears to have been sure that his photograph with spectacles, despite there being a specific prohibition thereto will be accepted. The petitioner, therefore, never thought of either checking the website of SSC or applying for correct ion. Even though the petitioner complains of that the rejection on the ground of photograph was not made known to him prior to the notice but the conduct of the petitioner, as stated hereinabove disentitles him for any further opportunity to correct his application form by providing a photograph without spectacles."
13. Since the applications filled up by the applicants were not as per the guidelines issued and published in the advertisement notice dated 23.5.2022 the same were rightly 23 Item No. 27-A (C-4) O.A. No. 3509/2022 rejected by the respondents. In view of the above, the OAs are dismissed. Interim order, if any, is vacated. There will be no order as to costs."
5. We have gone through the documents on record besides giving careful consideration to the arguments put forth by the learned counsel for the applicants.
6. There is no doubt that the photograph affixed is not in accordance with the instructions on the subject. The rules and instructions specify that the photograph has to be without spectacles but the applicants herein have all affixed photographs with spectacles which is undisputedly in contravention to the instructions to this effect. Further, there is no ambiguity in the instructions issued by the Staff Selection Commission as to the precautions to be taken while filling up the application form. No doubt, the applicants have been negligent in filling up the forms despite very clear and detailed instructions on each and every aspect.
7. Moreover, it is seen that the applicants had an opportunity to rectify their mistake for which a window of three days had been provided. However, for reasons best 24 Item No. 27-A (C-4) O.A. No. 3509/2022 known to them they did not utilize this opportunity. If we show any indulgence to the applicants herein and choose to overlook this mistake considering it to be a minor one we would be compromising the integrity of the selection process.
8. Against the background of what has been stated and discussed above and keeping in view the order of Srinagar Bench of the Tribunal reproduced above, there is absolutely no doubt or cause before us to reopen this issue and hold a divergent view.
9. Accordingly, we hold the claim of the applicants to be highly misplaced and dismiss the O.A.
10. Pending M.As. shall also stand disposed of accordingly.
11. There shall be no order as to costs.
(Pratima K. Gupta) (Tarun Shridhar)
Member (J) Member (A)
/dd/