Bombay High Court
Akshay Prakash Sapkal vs Reserve Bank Of India on 17 September, 2019
Author: S.J.Kathawalla
Bench: Akil Kureshi, S.J.Kathawalla
7-oswp-1063-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1063 OF 2018
Akshay P. Sapkal ... Petitioner
V/s.
Reserve Bank of India ... Respondent
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Mr. Ashish Giri a/w. Mr. Vasim Samlewale for the Petitioner.
Mr. Prasad Shenoy a/w. Mr. Parag Sharma, Ms Aditi Phatak
and Ms Priya Mehra I/b. Udwadia & Co for the Respondent.
AGP for the Respondent - State.
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CORAM : AKIL KURESHI &
S.J.KATHAWALLA, JJ.
DATE : 17th SEPTEMBER, 2019. P.C. 1] This petition is filed by a candidate, who has successfully
cleared the written examination as well as the language proficiency tests conducted by Reserve Bank of India and its officers for recruitment to the post of Assistant, but has not been offered employment on the ground that his finger prints captured through biometric do not match. The documents on record would suggest that the RBI had entrusted the task of capturing and comparing the finger prints of candidates at various stages of the recruitment tests to a professional outside agency. The petitioner's biometrics were captured at the time when he entered the examination hall for On-line test and while Dinesh Sherla 1/5 ::: Uploaded on - 19/09/2019 ::: Downloaded on - 19/09/2019 20:56:13 ::: 7-oswp-1063-18.doc coming out of the hall. However, the finger prints did not match and the petitioner therefore, had requested under a declaration dated 24.1.2017 to consider his case. The respondent had thereafter called the petitioner for language proficiency test, which would be taken if the candidate had succeeded in the main examination. At that point also, the biometrics matching created problems. The petitioner was therefore, not given appointment after once more trying to capture his finger prints and matching with those initially captured.
2] The case of the petitioner is simple, viz. that he suffers from a peculiar skin condition, i.e., hyperhidrosis which makes the capturing of finger prints difficult and at times unreliable. The petitioner has produced medical certificate in this respect. He therefore argues that there was no doubt about the identity of the petitioner and that having passed the examinations, the petitioner cannot be denied appointment only due to technical reasons beyond the control of the petitioner. 3] The RBI has opposed the petition mainly contending that the rules require the matching of finger prints at various stages. Dinesh Sherla 2/5 ::: Uploaded on - 19/09/2019 ::: Downloaded on - 19/09/2019 20:56:13 :::
7-oswp-1063-18.doc The entire task was outsourced. The agency has given a certificate stating that multiple attempts at capturing the thumb impression and matching of the original finger prints failed. The RBI therefore was not in a position to offer the employment.
4] In order to do justice, in case the petitioner is correct in his contentions and to avoid any injustice on account of failure of technology, we had gathered further information from the RBI. However, it was not possible for us to ignore the certificates of the outside agency. In the exercise of writ jurisdiction, it would not be possible for us to carry out any further incisive inquires, particularly since the advertisement issued by the RBI inviting eligible candidates to apply, had given an opportunity to any such candidate as the petitioner to make a declaration at the outset. The advertisement had specified the procedure for biometric data - capturing and verification. One of the clauses in this advertisement reads as under:
"- If the primary finger (left thumb) to be captured is injured/damaged, immediately notify the concerned authority in the test centre. In such cases impression of Dinesh Sherla 3/5 ::: Uploaded on - 19/09/2019 ::: Downloaded on - 19/09/2019 20:56:13 ::: 7-oswp-1063-18.doc other fingers, toes etc. may be captured."
5] As per this clause, thus, if primary finger, i.e., a left thumb to be captured is injured or damaged, the candidate would immediately notify the concerned authority about the same at the test center and in such case, the impression of other fingers, toes etc. may be captured. This clause would thus cover a situation where on account of some peculiar problem the finger prints of left hand thumb of the candidate cannot be accurately captured. In such a situation, upon declaration being made, the authorities would make some alternate provisions. According to the respondent, the petitioner had not made any such declaration. Though Counsel for the petitioner orally argued before us that at the time of entrance in the examination hall, the petitioner had informed the examiner about this, there is no evidence on record to establish this averment. In fact, interestingly, the petitioner has not even made any such averments in the petition on affidavit. We, therefore, proceed on the basis that the petitioner had not made any such declaration. It is not even the case of the petitioner that he was not aware about his peculiar condition. The Dinesh Sherla 4/5 ::: Uploaded on - 19/09/2019 ::: Downloaded on - 19/09/2019 20:56:13 ::: 7-oswp-1063-18.doc medical certificate produced by him predates the examination. If that was so, the petitioner was duty bound to declare his peculiar condition to the authorities in terms of said clause contained in the advertisement. Having failed to do so, no relief can be granted to the petitioner in facts of the present case. The petition is therefore, dismissed.
(S. J. KATHAWALLA, J.) (AKIL KURESHI, J.) Dinesh Sherla 5/5 ::: Uploaded on - 19/09/2019 ::: Downloaded on - 19/09/2019 20:56:13 :::