Central Administrative Tribunal - Mumbai
Vilas Dadaji Kuttarmare vs M/O Defence on 30 July, 2025
1
OA No.2025/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, CAMP AT NAGPUR.
ORIGINAL APPLICATION No.2025/2019
Dated this Wednesday the 30th day of July, 2025
CORAM: Hon'ble Shri Justice M.G. Sewlikar, Member (J)
Hon'ble Shri Sangam Narain Srivastava, Member (A)
Vilas Dadaji Kuttarmare
Aged about 28 years, Occ: Nil,
R/at Taluna Post Shembal, Taluka Warore,
Chandrapur 442 914. ... Applicant
(By Advocate Shri I.A. Fidvi i/b
Shri A.M. Sudame)
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra,
Deepti Ganesh Munarshi
SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh
Munarshi
Reason: I am the author of this document
Location:
Date: 2025.07.31 10:45:41+05'30'
Foxit PDF Reader Version: 2024.3.0
VERSUS
1. Union of India,
Through its Secretary, Defence Ministry,
South Block, Central Secretariat, Rajpath Marg,
New Delhi 110 011.
2. Ordnance Factory Board
Through its Chairman, 1-A Auckland Road,
Kolkata, West Bengal - 700 001.
3. Ordnance Factory Recruitment Centre,
Through its Principal Director,
Amravati Road, Ambazari Nagpur 440021.
4. Mr. Vishunu Prasad
Aged about 28 years, Occ: Nil,
R/at Rehunchi, Rehunchi, Banda, Uttar Pradesh
- 2100129.
2
OA No.2025/2019
5. General Manager, High Explosive Factory,
Pune. ... Respondents
(By Advocate Shri S.R. Charpe)
Order Reserved on : 17th July, 2025.
Pronounced on: 30th July, 2025.
ORDER
Per: Shri Sangam Narain Srivastava, Member (A)
By this application, the applicant is seeking the following reliefs:
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi "8(i) Call for record and proceedings of impugned order passed by the Deputy Director for the Principal Director, Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 Ordnance Factory Recruitment Centre, Ambajhari and peruse the same (ANNEXURE A/1);
8(ii) Call for record and proceedings of impugned Final Select List (Provisional) of direct Recruitment of Industrial Employees (Semi-Skilled), High Explosive Factory (HEF) and Provisional Documents Verification/Trade Test List of Re-Conduct of Carpenter Trade list and peruse the same (ANNEXURE A/2);
8(iii) Quash and set aside the impugned order;
8(iv) Direct the Respondents to issue a fresh Final Select Lists.
8(v) Grant any other relief which this Hon'ble Tribunal deems fit in the facts and circumstances of the case and in the interest of justice;3 OA No.2025/2019
8(vi) Allow the Application".
2. Brief facts of the case are that the applicant has completed his education upto 12th standard and obtained National Trade Certificate in the year 2016 in the trade Carpenter from the Government Industrial Training Institute, Chandrapur and has scored 66% in the same.
2.1 It is submitted that Ordnance Factory Board by Advertisement No.1020/11/0209/1718 advertised in all 84 Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 posts in the State of Maharashtra in High Explosive Factory (HEF). Out of 84 posts, 04 posts were for Carpenter, out of which 01 was reserved for candidate belonging to Other Backward Caste (OBC) and other 03 were reserved for candidates belonging to the General Category.
2.2 It is further submitted that examination consists of 2 stages, the first stage is a Written Examination of 100 marks that is objective type and OMR based. The second stage is a Trade Test (Practical) that is conducted at the respective 4 OA No.2025/2019 factory along with documents verification. On the basis of merit list based on marks obtained in the written test, candidates 1.25 times of the number of vacancies were called for the Trade Test (Practical). The Trade Test (Practical) is the only qualifying test, without any marks. The candidates, who do not qualify in the Trade Test are not considered at all, irrespective of the marks obtained by them in the written test.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, The final merit/select list is based on marks obtained in the Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 written test only, subject to document verification and qualifying Trade Test. Lastly, the final merit/select list is prepared factory wise and published on their website. In case, candidates score same marks in Semi-Skilled Tradesman Examination, the resolution of tie would be that: a) ex-trade apprentice of the concerned recruiting Ordnance Factory would get preference in the factory wise merit list, b) If both the candidates scoring same marks are ex-trade apprentices from the same Ordnance Factory, then batch seniority/marks 5 OA No.2025/2019 will be taken into consideration, c) Ex-trade apprentices of sister Ordnance Factory would get preference with seniority conditions, d) the candidate scoring higher marks in Part- "B"
would get the preference, e) The candidate getting older in age would get preference, f) Alphabetical order of names.
2.3 It is submitted that the applicant had applied for the post of Semi-Skilled "Carpenter" in High Explosive Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, Factory. The website on which the applicant had to upload Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 his form did not open and often crashed due to technical glitches, due to which the last date was extended from 29th May, 2017 to 10th July, 2017. When the applicant uploaded his form, column no.1 against Category option, caste opened where the applicant clicked/marked OBC but Non-Creamy Layer option/window did not open and automatically Creamy Layer was selected. However, the applicant had uploaded the Non-Creamy Layer Certificate and got registered against OBC (Non-Creamy Layer) category, which 6 OA No.2025/2019 the respondents were well aware.
2.4 It is stated that the written examination was held on 25th February 2018. The applicant scored total 58 marks with 12 marks in Part-A and 46 marks in Part-B. Respondent No.4, Mr. Vishnu Prasad, who has been selected on the post reserved against OBC category has scored total 58 marks with 13 marks in Part-A and 45 marks in Part-B. The Final Select Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, List (Provisional) of direct Recruitment of Industrial Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 Employees (Semi-Skilled), High Explosive Factory (HEF) and Provisional Documents Verification/Trade Test List of Re-
conduct of Carpenter Trade was published on the official website. The name of the applicant did not appear in the said list.
2.5 It is submitted that after publication of the final list, the applicant made a representation to the Director, OFRC, NADP, Ambajhari (Nagpur) stating that he had informed the officer in charge of document verification about the mistake in 7 OA No.2025/2019 the examination form and same had been rectified manually by pen and marked/noted in the verification checklist. The officer had also orally informed the applicant that it was a normal verification and it would be considered and no undertaking or affidavit was necessary. The applicant also stated that he and respondent no.4 have scored same total marks but the applicant has scored more marks in Part-B and Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, as per the rules for "Resolution of Tie", the applicant should Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 be selected.
2.6 It is further stated that, being aggrieved by the fact that the name of the applicant did not appear in the select list despite having secured more marks than the candidates selected, the applicant approached this Tribunal by filing OA No.2178/2018. This Bench of the Tribunal was pleased to dispose of the said OA vide order dated 25th September, 2018, directing the respondents to consider the matter and the applicant's claim by passing a reasoned and speaking order 8 OA No.2025/2019 within eight weeks and communicate the same to the applicant within two weeks thereafter.
2.7 It is submitted that the respondents on 27th November, 2018 passed an order stating that the applicant applied for OBC-Creamy Layer, therefore, was treated as unreserved category. The order fails to take account of the fact that the applicant had attached Non-Creamy Layer Certificate Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, with his application form and selecting an option was merely Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 a technical error. Also, the order is passed without proper application of mind as the order specified the trade Boiler Attendant, whereas the applicant had applied for the post of "Carpenter".
2.8 It is further submitted that being aggrieved by the order dated 27th November, 2018 passed by the respondents, and further aggrieved by the fact that his name does not appear in the select list despite having secured more marks than the selected candidates, the applicant has approached this 9 OA No.2025/2019 Tribunal.
3. After notice, respondents have filed their reply and contested the claim of the applicant.
3.1 It is submitted that there is no substance in the OA filed by the applicant and same is liable to be dismissed in view of the fact that applicant has not shown appropriate parties as respondents. It is stated that applicant ought to have Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, joined respondents High Explosive Factory, Pune as the said Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 authority is the appointing authority. Necessary amendments were carried out to the OA in this respect.
3.2 The respondents in their reply have further submitted that the applicant had applied under the OBC (Non-Creamy Layer) status and, therefore, was considered as an un-reserved (UR) candidate. He was called for the Trade Test in the UR category. However, since his marks in the written examination were less than the last selected candidate in the UR category, he did not find place in the select list and 10 OA No.2025/2019 was, therefore, not offered any appointment.
3.3 It is also submitted that the tie-breaker rule is to be applied for similarly placed persons and since the applicant and the persons selected under OBC category, Mr. Vishnu Prasad, were under different status, this rule has no applicability. It is also submitted that there were no glitches or breakdown in the application website and a total of 11 lakhs Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 candidates had applied without any issues. It is also pointed out that in his application dated 07th August, 2018, to the respondents, the applicant himself had admitted that mistake had occurred on the part of the Internet café operator.
3.4 It was further explained that there was a process for correction of any error in the application and this was explained by way of FAQs to the applicant. Therefore, there was an opportunity available to the applicant which had not been availed to correct any mistakes that might have occurred in the application.11 OA No.2025/2019
3.5 It is argued that the selection of status cannot be brushed aside as a technical error to be rectified at a later stage.
The fact that Boiler Operator was mentioned in the speaking order and not Carpenter does not take away from the reasons for non-selection of the applicant.
4. Thereafter, Rejoinder was filed by the applicant reiterating the stand taken in the OA.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0
5. We have heard the learned counsel for the parties and have perused the pleadings and documents on record.
6. The undisputed facts are that the applicant had applied in the status of OBC (Non-Creamy Layer). The select list was published on 03rd August, 2018 and the representation was made by the applicant on 07th August, 2018. The representation was made after publication of the select list.
This OA has been filed in February, 2019, after the completion of the process of selection and appointment.
12 OA No.2025/20197. The issue which arises for our consideration is;
I) Whether the reservation category mentioned wrongly by the applicant in the application can be considered to be a mistake of trivial nature, II) whether the change in reservation category can be effected after completion of the process of recruitment i.e., after publication of the result and issue of appointment letters.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0
8. These questions have been considered by the Chennai Bench of this Tribunal in OA 310/00683/2023 decided on 28th May, 2025 in the case of Johnsimary Vs. Govt.
of Puducherry & 2 Ors. to which one of us (Sangam Narain Srivastava) was a party. The issue had been decided against the applicant. Relevant portion of the order is reproduced below for ready reference:
"8. The issue that arises for our consideration is
(i)whether the reservation category mentioned wrongly by the applicant in the application can be considered to be a mistake of trivial nature, (ii) whether the change in 13 OA No.2025/2019 reservation category can be effected after completion of the process of recruitment i.e., after publication of the result and issue of appointment letters.
9. Before we embark to answer the questions, it would be pertinent to mention here that the applicant was placed at SI.No.9 in the MBC list for which she does not have the required caste certificate. In case she is considered as OBC she would have been placed at SI.No.4 in the OBC list and displaced R-4 with whom she shares the same number of marks.
10. The decisions relied upon by the applicant are discussed below:-
(i) We see that in the case of Mohd. Arshad Khan Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi (OA 170/2023 of Lucknow Bench, CAT), the issue was that the short listed candidate had Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 wrongly entered his name in the application form in which the court held that the error was inadvertent; no motive could be alleged behind the error; identity of the applicant was not disputed and providing the job to the applicant was not prejudicial to the interest of the respondents and therefore, held that the rejection on the ground of mismatch in spelling the application form would amount to injustice.
(ii)In the case of Vashist Narayan Kumar, decided by the Hon. Apex Court on 02.01.2024, the applicant had inadvertently mentioned his date of birth as 08.12.1997 as against the correct date of 18.12.1997. It was held that the applicant derives no advantage as considering either of the dates, he was eligible and the error had no bearing on the selection of the applicant therein. Under these 14 OA No.2025/2019 circumstance, it was considered as an insignifi-
cant mistake/error. The authorities were directed to issue appointment letters in exercise of powers under Article 142 of the Constitution of India.
(iii) In the case of Pradeep Tomar decided by the Hon'ble Delhi High Court on 18.03.2015 in W.P. (C) No.2529/2015, the applicant had not put signature on the application, it was held that applicability of the notion "To err is human" in the field of service or recruitment has to be considered when the error is of very trivial nature and does not derive any undue advantage to the applicant.
(iv) In the case of Vishnu Bargavi, the Single Bench of the Hon. High Court of Madras in its Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 decision on 29.09.2016 in a case of results of NEET, allowed the petitioners to have their caste status changed. This was directed considering the fact that NEET examination does not offer any placement in the colleges but only a 'pass' or 'fail' which makes them eligible for applications. It was also observed by the court that the petitioners therein had secured above cut off marks.
11. From the above decisions relied upon by the applicant, it is evident that only a mistake of trivial nature can be rectified and only if it does not affect or give any undue advantage to the applicant. When can an error be considered as trivial has also been considered by the courts in the said judgments and it has been held that if no undue advantage accrues to the applicant and it does not affect others, then such a mistake has to be considered as trivial. In the case of the applicant before us, the change unsettles the select list.
If the change is allowed, it would displace 4 th respondent. In 15 OA No.2025/2019 effect permitting the applicant to change her status would allow her the benefit of appointment which she did not otherwise have. In such a situation, the mistake cannot be considered as trivial in nature and therefore, such a change cannot be permitted.
12. This view finds support from the decision of the Hon. High Court of Madras in W.A. (MD) 146/2019 in the case of A.Sangeetha Vs. TNPSC wherein the Division Bench of the Hon. High Court held that change in status was not permissible. The relevant portion of the said order is reproduced below:-
"3.The appellant applied for the post of Typist pursuant Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi to the notification made by the respondent on 14.11.2017 and she also participated in the written Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 examination and obtained 219 marks. She applied under the Category Backward Class Destitute Widow. The result was published on 30.7.2018 and the overall rank in the Typist post is 2702 and her rank was shown as 1422. She had secured 219 marks out of 300 marks. Though she secured more marks, persons with lesser marks were allowed to participate in the Certificate Verification held on 30.08.2018 and 18.09.2018. Therefore, the appellant sent a representation to the respondent/Commission on 28.08.2018 seeking appointment to the post of Typist under the General Backward Class Quota and to cancel her application under the Backward Class Destitute Widow quota. Since the same was not considered by the respondent/Commission, the appellant approached this Court by filing the above Writ Petition and the learned Single Judge dismissed the said Writ Petition stating that having applied in a specific category, Backward 16 OA No.2025/2019 Class Destitute Widow and failed to prove the same, it is not open to the appellant to claim the post under the general Backward Class category by cancelling her application under the category Backward Class Destitute Widow.
4.While dismissing the Writ Petition, the learned Single Judge took into consideration the notification as well as the instructions given in Instruction 13-G and relied upon the judgement of the Division Bench of this Court in Dr.M.Vennila .vs. Tamil Nadu Public Service Commission reported in 2006(3) CTC 449 wherein, it has been held that the conditions stated in the Notification as well as in the Information Brochure are not only mandatory and also binding on the candidates Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, as well as the Commission/State Government.
Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0
5.The Petitioner is not an illiterate person and she is a Commerce graduate and qualified in typewriting. She voluntarily applied in the category of Backward Class Destitute Widow quota. She has applied in the said quota as per the conditions in the notification as well as in the information Brochure and she is bound to prove the same. Without proving the same, if any application is made, it will lead to rejection as per Instruction 13-G. Since her application is not supported by her claim for Backward Class Destitute Widow, it was automatically rejected and there cannot be any illegality in the same
6. Having applied under the specific category with specific recruitment rules and instructions, it is not open to the appellant to seek a prayer to treat her application in the Backward Class General quota and it is contrary to the notification. Therefore, the reasons given by the learned Single Judge and the decision of the Tamil Nadu Public Service Commission not inviting 17 OA No.2025/2019 the appellant for certificate verification are well-founded and thus the Writ Appeal is devoid of merits.
7. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is dismissed.
13. The above decision squarely applies to the case of the applicant where change of category was not permitted in the case of recruitment.
14. We, therefore, hold that the mistake is not of a trivial nature. We further hold that the applicant cannot be permitted to change her category/caste status after completion of the selection process and after publication of the result in a case of recruitment."
9. Learned counsel for the applicant, during the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0 course of arguments, relied upon the judgment of the Hon'ble Supreme Court in the case of Vashist Narayan Kumar Vs. State of Bihar & Ors., 2024 SCC Online SC 2 dated 02nd January, 2024 and the judgment/order of Hon'ble High Court of Delhi at New Delhi in the case of Ajay Kumar Mishra Vs. Union of India & Ors., 2016 SCC Online Del 6553.
10. The order of the Chennai Bench referred to above considered the judgment in the case of Vashist Narayan 18 OA No.2025/2019 Kumar (supra) wherein the Hon'ble Supreme Court had permitted change of date of birth as it did not change the eligibility of the applicant or give advantage to him and so was considered as trivial in nature. The judgment in the case of Ajay Kumar Mishra (supra) is on similar lines being an 'error in the date of birth'. However, these judgments do not support the case of the present applicant.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0
11. In view of the above discussion, we hold that the mistake is not of a trivial nature. It would unsettle the select list. If the error is allowed to be corrected at this stage i.e., after publication of select list, it would affect the other selected candidates and who have been appointed. Therefore, this error cannot be treated as trivial. We further hold that the applicant cannot be permitted to change his category/caste status after completion of the selection process and after publication of the result in a case of recruitment.
19 OA No.2025/201912. The OA is devoid of merit and is, accordingly, dismissed. Pending MAs, if any, stand closed. No order as to costs.
(Sangam Narain Srivastava) (Justice M.G. Sewlikar)
Member (A) Member (J)
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, dm.
Deepti Ganesh Munarshi SERIALNUMBER=60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.07.31 10:45:41+05'30' Foxit PDF Reader Version: 2024.3.0