Chape Prajwal Laxmanrao v. Union of India

1. Petitioner seeks a direction to the respondents to allow petitioner to clear Stage II Examination Navik (GD) 01/2023.

2. Respondents had issued an advertisement for the recruitment, interalia, to the post of Navik (GD). Petitioner had applied for the said post and appeared in the examination and cleared the stage-I examination. When petitioner was called for Stage II of the examination i.e., document verification, the candidature of the petitioner was rejected on the ground that he had furnished false information and that the information furnished in the application form did not match the documents.

3. Learned counsel for the petitioner submits that petitioner has been failed in document verification on the ground that the certificate number mentioned in his class X certificate is wrong.

4. Learned counsel submits that the purpose of document verification is to ensure that forged and fabricated documents are not utilized for the purposes of enlisting. He submits that at time of filing of application form, on account of an error the certificate number of class XII mark sheet has been entered in class X mark sheet.

5. He submits that petitioner has been issued two mark sheets each of both class X and class XII, one immediately after the result was declared and second after all the documentation was issued to the petitioner and in a confusion, petitioner entered the certificate number of class XII mark sheet for class X.

6. Petitioner produced the original mark sheets of class X and Class XII for perusal of the Court on 18.07.2023. Copies of the original produced in Court were furnished to learned counsel for respondent for the purposes of verification.

7. The documents have been verified and found to be correct.

8. We may note that in the application the petitioner had filled up the class X certificate number as 040966 and the class XII certificate number as 040765. The number 040966, filled up as the number of class X marksheet is in fact the number of class XII marksheet.

9. It is stated by the petitioner that the online application form was filled up in a cyber café and inadvertently the mistake happened.

10. Petitioner is otherwise a meritorious candidate and the detailed marks obtained in class X as well as obtained in class XII were filled up in the application form which tallies with the original marksheet of class X and class XII, respectively.

11. We are of the view that on account of an inadvertent error, petitioner should not suffer, when petitioner is otherwise meritorious. Further, in view of the fact that the original documents produced by the petitioner have also been verified and the marks obtained in class X and class XII tally with the marks filled up by the petitioner in his application form and the only error is with regard to entering an incorrect number for the class X marksheet. The error has also been explained by the petitioner and the number tallies with the second class XII marksheet issued to the petitioner by the Board.

12. In view of the above, we are of the view that the rejection of the petitioner from further participation in the selection process is not sustainable. Accordingly, the same is set aside. Respondents shall permit the petitioner to participate in the Stage III process and onwards for 02/2023 batch. For completion of record, it may be noticed that the annual recruitment process is done in two batches i.e. 01 of that year and 02 batch of the year. The process for 01 batch is already complete and training is already underway. As such, petitioner is permitted to participate in Stage III onwards of 02 batch of the year,

2023.

13. Petition is accordingly allowed in the above terms. Respondents shall duly inform the petitioner the date and time, when he has to report for his medical and further process.

14. Order dasti under signature of the Court Master.