Supreme Court - Daily Orders
Hari Om Singh vs Union Of India And Ors. Through The ... on 10 January, 2018
Bench: Rohinton Fali Nariman, Navin Sinha
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.130 OF 2018
(Arising out of SLP (C) No.1304/2017)
HARI OM SINGH APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS.
THROUGH THE MINISTRY OF HOME AFFAIRS
THROUGH SECRETARY & ORS. RESPONDENT(S)
O R D E R
Leave granted.
The appellant applied for general recruitment of Constables for Para Military Forces and requested that he may be placed in the B.S.F. His request for appointment was in the border districts in Rajasthan. A certain State code was given which was correctly stated by him, number 29 for the State of Rajasthan, but so far as the district was concerned, the relevant code number was 10 and by mistake the appellant stated 5. For Barmer district it is an admitted position that the code number was 10. It is an admitted position that the appellant obtained 56 marks which is above the cut off marks of 47 in the general category so far as border district Barmer is concerned. Signature Not Verified Digitally signed by ASHOK RAJ SINGH He made a representation to the authorities to correct the Date: 2018.01.13 12:43:11 IST Reason: said error with no effect, and ultimately the matter went to the High Court of Rajasthan. The writ petition was 2 dismissed by the learned Single Judge as well as by the Division Bench by the impugned order.
We have heard learned counsel for the parties. Learned counsel appearing on behalf of the Union of India has fairly submitted that this is a 2011 case, and that therefore the records could not be found, but for this obviously the appellant cannot be made to suffer. It is also submitted that the appellant has now crossed the age bar. According to us neither of these contentions can be countenanced. In view of the fact that for an obvious mistake the appellant should not be penalized, if otherwise he is eligible on merits. In this view of the matter, we allow the appeal and set aside the judgment passed by the High Court. The appellant will be absorbed in the B.S.F. forthwith.
This order has been made in the facts of the present case and shall not be operative as a precedent.
.......................J. (ROHINTON FALI NARIMAN) .......................J. (NAVIN SINHA) NEW DELHI, JANUARY 10, 2018.
3ITEM NO.43 COURT NO.12 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1304/2017 (Arising out of impugned final judgment and order dated 26-09-2016 in DBCSA No. 1334/2013 passed by the High Court of Judicature for Rajasthan at Jodhpur) HARI OM SINGH Petitioner(s) VERSUS UNION OF INDIA AND ORS.
THROUGH THE MINISTRY OF HOME AFFAIRS THROUGH SECRETARY & ORS. Respondent(s) Date : 10-01-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Ms.Aishwarya Bhati, AOR Ms.Vaidruti Mishra, Adv.
For Respondent(s) Mr.A.N.S.Nadkarni, ASG Mr.Syed Abdul Haseeb, Adv. Mr.Ritesh Kumar, Adv. Mr.Girish Chaudhary, Adv. Mr.M.K.Maroria, Adv.
Ms.Geeta Luthra, Sr.Adv. Ms.Aakanksha Kaul, Adv. Mr.S.A.Haseeb, Adv.
Mr.B.Krishna Prasad, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(Ashok Raj Singh) (Saroj Kumari Gaur)
Court Master Court Master
(Signed Order is placed in the file)