Punjab-Haryana High Court
Sohan Lal vs Chairman, Life Insurance Corporation ... on 5 September, 2023
Neutral Citation No:=2023:PHHC:116552
CWP No.11962 of 2020 1 2023:PHHC:116552
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision:05.09.2023
CWP No.11962 of 2020
Sohan Lal ....Petitioner
vs.
The Chairman, Life Insurance Corporation of India and others
....Respondents
CWP No.9708 of 2020
Rajwinder Kaur
....Petitioner
vs.
The Chairman, Life Insurance Corporation of India and others
....Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. K.K.Thakur, Advocate
for the petitioner(s)
Ms. Preeti Grover, Advocate
for Mr. Sourav Verma, Advocate
for the Union of India
***
JAGMOHAN BANSAL, J. (ORAL)
CM No. 5621-CWP- 2021
1. Allowed as prayed for.
2. Biometric report of Tata Consultancy (Annexure R-1) is taken on record, subject to all just exceptions. Registry is directed to tag the same at an appropriate place.
1 of 5 ::: Downloaded on - 18-09-2023 23:23:21 ::: Neutral Citation No:=2023:PHHC:116552 CWP No.11962 of 2020 2 2023:PHHC:116552 Main case(s)
3. By this common order, CWP No. 11962 of 2020 and CWP No. 9708 of 2020 are hereby adjudicated as common questions of law and facts are involved. With the consent of both sides, facts are borrowed from CWP No. 11962 of 2020.
4. The petitioner through the instant petition under Article 226 of the Constitution of India is seeking direction to respondents to consider his claim for the post of LIC Assistant who was declared successful candidate still later on rejected.
5. The petitioner pursuant to advertisement, vide application dated 16.10.2019 applied for the post of Assistant under general category. The petitioner participated in the preliminary examination. The result of preliminary examination was declared on 29.11.2019 and petitioner was declared successful candidate. The petitioner appeared in the written examination held on 22.12.2019 and was declared successful candidate. The petitioner participated in the document verification process as well as medical examination. The petitioner was issued appointment letter and when petitioner approached office of the respondent to join, the petitioner was not permitted to join on the ground that on verification of Biometric data, it has been found that his Biometric impression does not match with the Biometric impression obtained at the time of main examination. The petitioner was called to appear in the office of respondent for Biometric impression verification on 25.02.2020. The respondents again obtained Biometric impression of the petitioner and compared with the Biometric impression obtained at the time of written examination. The Biometric 2 of 5 ::: Downloaded on - 18-09-2023 23:23:22 ::: Neutral Citation No:=2023:PHHC:116552 CWP No.11962 of 2020 3 2023:PHHC:116552 impression did not match with the earlier Biometric impression, thus, candidature of the petitioner came to be rejected.
6. Learned counsel for the petitioner inter alia contends that respondent conducted verification at the time of document verification as well as medical examination and thereafter appointment letter was issued, thus, action of respondent to reject candidature of the petitioner is unjustified and arbitrary. The respondent at the time of examination captured photograph of the petitioner but respondent is not relying upon photograph.
7. Per contra, learned counsel for the respondents submits that as per paragraph No. 11 of the advertisement, biometric data is the most sacrosanct and reliable data to verify authenticity of the candidate. In the advertisement, it was specifically provided that decision of Biometric data verification authority shall be final and in the present case, the competent authority has confirmed that Biometric impression of the petitioner does not match with the Biometric impression obtained at the time of final examination.
8. I have heard learned counsel for the parties and with their able assistance perused the record.
9. From the perusal of record, it comes out that paragraph No. 11 of the advertisement specifically provides that Biometric data and photograph of the candidate shall be captured and verified during the process of recruitment. The decision of the Biometric data verification authority with regard to candidature of the petitioner shall be final and binding upon the candidates.
10. Paragraph No. 11 of the advertisement reads as:-
3 of 5 ::: Downloaded on - 18-09-2023 23:23:22 ::: Neutral Citation No:=2023:PHHC:116552 CWP No.11962 of 2020 4 2023:PHHC:116552 "Biometric Data-Capturing and Verification a. The biometric data (right thumb impression or otherwise) and photograph of the candidates will be captured and verified during the process of recruitment on the following stages;
(i) At the time of entry and exit during Main examination.
(ii) At the time of document verification after the Main Examination for final selection based on merit.
(iii) At the time of reporting for the training. b. Decision of the Biometric data verification authority with regard to its status (matched or mismatched) shall be final and binding upon the candidates.
c. Refusal to participate in the process of biometric data capturing / verification on any of the above mentioned occasions may lead to cancellation of candidature.
d. If fingers are coated (stamped Ink/ mehandi/ coloured etc.), ensure to thoroughly wash them so that coating is completely removed before the exam/time of document verification after final selection/Joining day.
e. If fingers are dirty or dusty, ensure to wash them and dry them before the finger print (biometric) is captured.
f. Ensure fingers of both hands are dry. If fingers are moist wipe each finger to dry them.
g. If the primary finger (right thumb) to be captured is injured/damaged, immediately notify the concerned authority in the test centre. In such cases inpression of other fingers, toes etc. may be captured.
4 of 5 ::: Downloaded on - 18-09-2023 23:23:22 ::: Neutral Citation No:=2023:PHHC:116552 CWP No.11962 of 2020 5 2023:PHHC:116552 h. Please note that apart from the occasions mentioned above, LIC reserves the right to capture/verify biometric data of candidates at other stages as well."
11. From the perusal of above quoted paragraph, it is quite evident that in the advertisement, it was made clear that decision of the Biometric data verification authority shall be final and binding upon the candidates. It is undisputed fact that petitioner has been granted sufficient opportunity to give his Biometric impression so that doubts may be cleared. The competent authority has categorically rejected stand of the petitioner. There is no allegation of malafide or favouratism on the part of respondent.
The petitioner is harping on his photograph which was captured at the time of examination, however, he is not disputing the fact that Biometric impression does not match. Thus, the questions raised by petitioner are disputed questions of fact which cannot be examined by Writ Court under Article 226 of the Constitution of India.
12. In the wake of aforesaid facts and findings, the present petitions, being devoid of merit, deserve to be dismissed and accordingly dismissed.
(JAGMOHAN BANSAL) JUDGE 05.09.2023 paramjit Whether speaking/reasoned: Yes Whether reportable: Yes/No Neutral Citation No:=2023:PHHC:116552 5 of 5 ::: Downloaded on - 18-09-2023 23:23:22 :::