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The similar controversy has taken attention in this Court in Writ Petition No.2702 of 2010 (Upendra Nath Mishra Vs. State of U.P. and others) and this Court has held that such mistake is a human error and on that basis the candidature of petitioner cannot be cancelled. After going through the judgment, I am also of view that view taken by Hon'ble Single Judge is correct and there is no occasion for this Court to take a different view.

From perusal of record, it appears that petitioner applied for Special B.T.C. Training Course of 2008. It appears that due to human error petitioner who has obtained 249.5 marks cannot be penalized only on the ground that she has mentioned wrong caste code i.e. in place of (4 OBC) she has mentioned (3 ST) in the application form. The above error appears to be genuine and in- deliberate. In my opinion, such submission has got substance. In-deliberate human error is always possible in filing application unless and until it is shown and prove that it was deliberate. Therefore, such type of mistake should not be allowed to cause in serious prejudice to a candidate and on that basis a candidate should not be deprived of rightful claim. Admittedly, petitioner has obtained 249.5 marks.