Court No. - 2
Case :- WRIT - A No. - 12569 of 2019 Petitioner :- Dhananjay Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Kumar Gupta,Ajay Kumar Mishra Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner applied for the post of Lecturer (English) pursuant to advertisement no.04/2014-15. Petitioner appeared in the written examination, however, upon verifying the online application form of the petitioner has been rejected by the Commission. All the shortlisted candidates were invited for interview. The name of the petitioner does not find place in the list, hence, by the instant writ petition, petitioner principally seeks the following relief:
"Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to declare the result of the petitioner and provisionally permit him to apply for interview in the post of Lecturer (English) in pursuance of online Advertisement No. 04/2014-15 of the Commission for the post of Lecturer in Rajkiya Inter College under Uttar Pradesh Special Subordinate Education Service (Male Branch)."
Sri M.N. Singh, learned counsel appearing for the Commission submits that the petitioner applied for the post of Lecturer (English) (Code: S-04/16). The Code pertains to Lecturer (Female) for which the male candidates could not apply. The Code of Lecturer (English) for male aspirants is S-04/06. He further submits that at this stage the Commission cannot consider the representation of the petitioner, further, the advertisement clearly stated that any particulars wrongly filled, can be corrected by the candidate at the relevant time. The relevant portion of the advertisement reads thus:
"After filling all above particulars there is provision for perview your detail before final submission of application form on clicking on "Preview" button.
Preview page will display all facts/particulars that you have mentioned on entry time if you are sure with filled details then click on "Submit" button to finally push data into server with successfully submission report that you can print.
Otherwise using "Back" button option you can modify your details."
In the aforesaid admitted backdrop, learned counsel for the petitioner submits that petitioner's candidature may be considered against Lecturer (English) Male, the error is bona fide and not willful and deliberate.
On specific query, learned counsel for the petitioner admits that the petitioner had filled the wrong code of the post, but petitioner still was invited for the written examination, thereafter, upon verification of the application form of the eligible candidates, the Commission has cancelled the candidature of the petitioner. It is urged that the mistake could have been corrected by the Commission.
Submission of the learned counsel for the petitioner cannot be accepted for the reason that a candidate upon qualifying the first stage i.e. the written examination, thereafter, the Commission undertakes to examine and verify the candidate's application form, including, the documents and at that stage it is always open for the Commission to reject the form of a candidate who has not filled the form as per the instructions notified in the advertisement. There is another fallacy in the submission of the learned counsel for the petitioner that in the event of the petitioner being permitted at this stage, then in that case the Commission would have to give an opportunity to similarly situated candidates to correct the wrongly filled forms. Petitioner applied for Lecturer English, but it appears, is casual and not able to read the code of the subject and instructions published by the Commission in english language.
In view thereof, this Court declines to exercise its discretionary jurisdiction under Article 226 of the Constitution of India. The writ petition is dismissed.
No cost.
Order Date :- 22.8.2019 S.Prakash