Court No. - 29
Case :- SPECIAL APPEAL No. - 74 of 2019 Appellant :- Ram Pravesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Paras Nath Singh,Rakesh Kumar Mathur Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard counsel for the petitioner-appellant.
The writ petition of the petitioner-appellant for a direction to permit him to join pursuant to his selection as Constable in the U.P. Police and to allow him to correct his application form whereas he has incorrectly mentioned the year of passing of the High School and Intermediate.
Admittedly, petitioner in the online application form has mentioned that he has passed High School in 2012 and Intermediate in 2014. After he was selected, he proposed to amend the aforesaid years and to mention that he has passed High School in 2013 instead of 2012 and intermediate in the year 2015 in place of 2014.
The writ petition to the above effect was dismissed by the impugned order relying upon the decision in the case of Km. Pooja Yadav versus State of U.P. and 2 others (Special Appeal Defective No. 582 of 2016), decided on 30.09.2016.
The submission of learned counsel for the petitioner- appellant is that in similar circumstances, the learned Single Judge has allowed one another writ petition No.18827 of 2018 (Ashish Singh versus State of U.P and 2 others) vide order dated 14.09.2018 in which the candidate was permitted to make correction in the online application.
We are afraid, we cannot follow the above decision of the learned Single Judge, in view of the decision of division Bench of this Court in the matter of Smt. Arti Verma versus State of U.P. and 3 others, AWC 2014 (4) 3358. In the said case also the controversy was in relation to selection on the post of Shiksha Anudeshak and the application forms were required to be filled up by the candidates online, the candidate incorrectly filled up the form and wanted to make correction therein after her selection. The writ petition was dismissed whereupon special appeal was preferred. The Division Bench held that the candidate is responsible for the statement made in the online application and he must be aware of the consequences of failure to fill up the form incorrectly. The application form cannot be permitted to be corrected.
Following the above decision, we dismissed several petitions holding that the instructions for filling the online application form and examination form are strictly to be followed and a candidate cannot be permitted to take advantage of his own mistake in filling the same. If such corrections are permitted in the application form, subsequently, that would lead to a position where the process of selection would never be completed and the authorities would be busy in compliance with the directions of the Court so as to set right the result as per the directions of the Court.
In view of the above facts and circumstances, we are of the opinion that the writ court has not committed any mistake or illegality in dismissing the writ petition.
The appeal has no merits and is dismissed. Order Date :- 21.1.2019 A.N. Mishra