Patna High Court
Vashist Narayan Kumar vs The State Of Bihar And Ors on 30 July, 2019
Equivalent citations: AIRONLINE 2019 PAT 2199
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12527 of 2018
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Vashist Narayan Kumar, Son of Kuldeep Das, Resident of Village- Dheodha,
Police Station- Pakribarawan, District- Nawadah.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Government of Bihar, Patna.
2. The Central Selection Board, Bihar, Patna, through its Secretary, having its
Office Near Secretariat Halt, Bihar, Patna.
3. The Chairman, Central Selection Board (Constable Appointment), Bihar
Military Police Selection having its office near Secretariat Halt, Bihar,
Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate
For the State : A.C. to G.A.-4
for the C.S.B.C. : Mr. Sanjay Pandey, Advocate
Mr. Vivek Anand Amritesh, Advocate
Mr. Binod Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL JUDGMENT
Date : 30-07-2019
Heard learned counsel for the petitioner, learned
counsel for the State as well as learned counsel for the Central
Selection Board.
2. In this case, the petitioner is seeking a relief to
issue a writ of mandamus directing the respondents to consider
his case for appointment to the post of Constable.
3. An advertisement was published vide
Advertisement No. 01 of 2017 for appointment of constables
Patna High Court CWJC No.12527 of 2018 dt.30-07-2019
2/6
under the Bihar Military Police. The petitioner belongs to the
scheduled Caste category having a requisite qualification, filled
up the online application form. Whereafter, he appeared in the
written examination and the physical test, in both the tests he
was qualification, so he was asked by the Central Selection
Board to bring his testimonies for verification and after
verification of the testimonies of the petitioner, the Central
Selection Board cancelled the application of the petitioner on
the ground that the date of birth which he has mentioned in the
application form is different to the date of birth mentioned in his
matriculation certificate as while filling up the application form
he has mentioned his date of birth as 8.12.1997 whereas his
actual date of birth, as per matriculation certificate, is
18.12.1997.
4. Learned counsel for the petitioner submits that it is a minor mistake, that has not been committed by the petitioner, requires to be ignored, explaining that his native place is far away from the capital. The petitioner to fill up the on-line form, took assistance of the person, who is running Cyber Cafe, gave entire information to the said person, who committed mistake while filling up the online application form. When the petitioner could know this fact, he filed an application for correction as Patna High Court CWJC No.12527 of 2018 dt.30-07-2019 3/6 well as consideration of his candidature for selection.
5. Whereas, learned counsel for the Central Selection Board submits that as per the instructions and conditions mentioned in the application form, the petitioner has to provide correct information with regard to himself and if it is found to be incorrect, the application is liable to be rejected. He has placed reliance on part Clause-8, which stipulates that after filling of the application form, the candidate will have to take print out of his/her application form and on printed application form, the candidate would paste his/her recent photograph and also put his/her signature in the box in Hindi and English respectively, whereafter, after scanning the application form would be uploaded on the website of the Board. It further stipulates that if any information supplied by the applicant is found to be incorrect, then his/her candidature will be liable to be rejected. Learned counsel for the Central Selection Board next submits that if any mistake has been committed while filling up the form, the procedure has been provided to rectify the same within the time prescribed i.e. the candidate will have to again deposit the fee and make necessary correction in the application form and only singular chance will be granted to the candidate in this regard.
Patna High Court CWJC No.12527 of 2018 dt.30-07-2019 4/6
6. It will be useful to quote relevant portion of the advertisement, which are as follows:-
"vkosnu&i= Hkjus ds i"pkr vH;kFkhZ dks viuk Hkjk gqvk vkosnu&i= A/14 lkbZt ds isij ij fizaV ¼Print½ djuk gksxkA fizaV fd;s x;s vkosnu&i= ds fu/kkZfjr LFkku ij vH;FkhZ viuk gky dk ¼,d ekg ds vanj dk½ f[kaPkk gqvk jaxhu QksVks fpidk;saxs vkosnu&i= ij eqfnzr *?kks'k.kk* ds fups fn;s x;s nks ckDWl ds vUnj vH;FkhZ viuk gLrk{kj Øe"k% v¡xzsth ,oa fgUnh esa djsaxsA rRi"pkr QksVks yxs ,oa gLrk{kfjr vkosnu&i= dks LdSu djus ds mijkUr i'kZn dh osclkbV ij viyksM ¼upload½ dj nsaxsA lQyrkiwoZd viyksM gks tkus ds i"pkr~ vH;FkhZ ds iathd`r eksckbZy uEcj ij SMS izkIr gksxk rHkh vkosnu&i= Hkjus dh izfØ;k iw.kZ ekuh tk,xhA vH;FkhZ nloha dh cksMZ ijh{kk ds eqy izek.k&i= ds vk/kkj ij vkosnu&i= esa viuh tUe frfFk dk lgh&lgh mYys[k djssaxsA vkosnu&i= esa vH;FkhZ viuk uke] firk@ifr dk uke] irk] vkfn lHkh lwpuk, fcYdqy lgh&lgh HkjsaA izek.k&i=ksa ls feyku ds le; ;fn buesa dksbZ fHkUurk ik;h tkrh gS rks vkosnd@vkosfndk dh mEehnokjh jn~n dj nh tk;sxhA ijUrq Hkfo'; esa i=kpkj@tkudkjh izkIr djus ds fy, Application Form Number vko";d gSA vr% iw.kZ :i ls Hkjs gq, vkosnu&i= ¼QksVks lfgr½ dh ewy@Nk;kizfr vH;FkhZ vius ikl vo";d lqjf{kr j[ksaA dsUnzh; p;u i'kZn ls i=kpkj djrs le; vkosnu&i= dh Nk;k izfr fuf"pr :i ls layXu djsaA xyr@=qfViw.kZ Hkjs x;s vkosnu&i= esa lw/kkj djuk %& vkosnu&i= Hkjus dh izfØ; ds nkSjku ;k vkosnu&i= Patna High Court CWJC No.12527 of 2018 dt.30-07-2019 5/6 Hkjs tkus ds ckn ;fn vH;FkhZ dks yxrk gS fd mldk vkosnu&i= xyr@=qfViw.kZ viyksM gks x;k gS vkSj mlesa lq/kkj dh vo";drk gS rks vH;FkhZ vkosnu&i= Hkjus dh Qhl iqu% tek dj lq/kkj dj u;k vkosnu&i= Hkj ldrs gSaA vkosnu&i= dks lq/kkjus@lgh djus dk dsoy ,d volj fn;k tk;sxk] blds ckn fdlh Hkh ifjfLFkfr esa vH;FkhZ vius vkosnu&i= esa lq/kkj ugha dj ldsaxsA tks vH;FkhZ vkosnu&i= dh vafre frfFk 30@08@2017 dks vkosnu&i= Hkjsaxs] mu vH;fFkZ;ksa dks vkosnu&i= esa lq/kkj djus dk volj fnuakd & 31@08@2017 rd gh fn;k tk;sxA"
7. Learned counsel for the Central Selection Board further submits that the contention of the petitioner that it is a mistake committed by the person who is running the Cyber Cafe, is incorrect as he took out print of the application form filed by him and whereafter he put his signature in Hindi/English including, pasted his recent photograph in the application from, itself shows that after proper verification, he uploaded the application form.
8. Having considered the rival contentions of the parties, the conditions mentioned in the application form is completely clear that the candidate has to provide the correct information and further prescribes that after filling up the application form, the same would be printed out, in turn, the candidate would paste his/her recent passport size photograph as Patna High Court CWJC No.12527 of 2018 dt.30-07-2019 6/6 well as he/she would put signatures in the box. In the application form, it has clearly been mentioned that if any information supplied by the applicant is found to be incorrect, then his/her candidature will be liable to be rejected. Furthermore, the advertisement is of the yer 2017 and all the persons have already been appointed.
9. In such view of the matter, this Court does not find any merit in this writ petition, accordingly, the same is dismissed.
(Shivaji Pandey, J) pawan/-
AFR/NAFR N.A.F.R. CAV DATE N/A. Uploading Date 06.08.2019 Transmission Date