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Shri R.K. Ojha who appears for the petitioners has submitted that the forms having been filled on-line in rural areas, where the facility of Internet is not very strong and this resulted in the errors which are human errors and not mala fide.

In writ petition No. 4248 of 2020, the grievance of the petitioner is that while filling up the OMR sheets the correct answer was not indicated by black circles and in fact at some places, the petitioners have put a tick mark on the correct answer while the other places the correct answer has been indicated by black circles as was mandatorily required to be done. In this context the relief claimed in the petition is quoted below:-

(c) A writ order or direction in the nature of Mandamus commanding the Respondent-Authorities to pass appropriate order for making appointment of the Petitioner and also provide all other consequential benefits as admissible under law in favour of the Petitioner."

Counsel appearing for the petitioners in these petitions have cited various case law, namely, the order dated 04.06.2020 passed in Writ A No. 4088 of 2020 wherein the petitioners had filled the wrong roll number of her graduation examination. This error was found to be the human error and since the petitioner had qualified in the written examination and was required to face an interview before the Selection Committee, it was left open to the Selection Committee to examine and pass appropriate order on the pleas for correction of the roll number in the application form. This consideration was directed to be made at the time of counselling.

Another judgment relied upon is by the Single Judge of this Court in a Writ A No. 18471 of 2018 and connected matters, wherein, it has been held that the candidates should be afforded an opportunity of correcting human errors mistakes made while filling up on-line forms. However this judgement does not mention specifically as to what was the errors or mistakes which were permitted to be corrected.

The next judgment relied upon is by a Division Bench of the Punjab & Haryana High Court in Staff Selection Commission vs. Sarla and Others. This judgement dismissed a letters patent appeal and affirmed the judgment passed by the Single Judge. The Single Judge had held that if an incorrect entry is made due to a human error and since there exists no provision on the website for correction in the on-line application form, such a mistake is noticed subsequently, the candidates should not be made to suffer for the same.

The last judgment cited has been rendered in Writ Petition No. 4070 of 2020 decided on 30.05.2020. This is an exhaustive judgment and considers a large number of decisions including decisions by Division Benches. The Court has dealt with various mistakes that had been made by the petitioners in the petition aforesaid, and goes on to hold that errors committed by the candidates which cannot be said to be human errors cannot be condoned and their correction is not permissible.

I have considered the submissions made by the petitioner and perused the records as also judgments cited.