SHUBHAM TUSHIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby directing the respondents to correct the date of birth of the Petitioner from 19.05.1994 to 09.05.1994 in its records. Consequently, direct the respondents to allow the Petitioner to take the Data Entry Speed Testing (DEST)/Type Writing Test of the SSC Combined Higher Secondary Level (10+2) Exam-2017 scheduled for 03.09.2019 and not disqualify him on the basis of the mismatch in the date of birth.

(2.) The case of the petitioner is that in November 2017, vide Notification No. 3/3/2017-P&P-I, Respondent No. 2 notified the examination for recruitment to the posts of Lower Divisional Clerk/Junior Secretariat Assistant, Postal Assistant / Sorting Assistant and Data Entry Operator. The Examination was to be conducted in two stages, viz. (1) Tier-I (Computer Based Examination) from 04.03.2018 to 26.03.2018 and (2) Tier-II Examination (Descriptive Paper) on 08.07.2018. Thereafter, depending upon the results of the aforementioned written tests, the qualified candidates were to be called for a 'document verification' exercise and a Data Entry Speed Testing (DEST)/Type Writing Test. The age limit for the test was 18-27 years [as on 01.08.2018 (i.e. candidates born not before 02.08.1991 and not later than 01.08.2000)]. The minimum eligibility was that the candidate must have passed the 12th Standard or equivalent examination from a recognized Board or University. Furthermore, the candidates were to apply online through the website http://www.ssconline.nic.in. The Petitioner, being an eligible candidate as per the conditions mentioned hereinabove, filled the examination form on the aforementioned website of the Respondent No. 2. In February 2018, the Petitioner received his Admit Card for the Tier-I Written Test. However, in the said Test, the Petitioner noticed that his date of birth was mentioned as 19.05.1994 instead of 09.05.1994. The Petitioner thought the same would be a typographical error on part of the Respondents and thus, did not pay much heed to the same. Thereafter, the Petitioner undertook the Written Test - i.e. (1) Tier-I (Computer Based Examination) and cleared the same with extraordinary marks by securing 171 marks out of 200 in Tier-I. Thereafter, in July 2018, the Petitioner received the Admit Card for the Tier-II Written Test. In the said Admit Card, the date of birth of the petitioner was mentioned as 19.05.1994 instead of 09.05.1994. Accordingly, the Petitioner filed an application with the Respondent No.2 and stating therein, that an error could have occurred inadvertently while filling the online form and thus, requested that the same be corrected. However, there was no reply from the Respondent No. 2. Thereafter, the Petitioner undertook the 2nd Written Test - i.e. Tier-II Examination (Descriptive Paper) and cleared the same with extraordinary marks. The Petitioner secured 51 marks out of 100 in Tier-II Written Test. Accordingly, the Respondent No. 2 issued another Admit Card to the Petitioner and informed that he has been found "provisionally eligible" for the Data Entry Speed Testing (DEST)/Type Writing Test on 03.09.2019. Further, it was informed that the Petitioner has to attend the 'document verification' exercise on 18.08.2019. However, in the said Admit Card also, the date of birth of the Petitioner was mentioned as 19.05.1994 instead of 09.05.1994. Thus, on 18.08.2019 (i.e. the date of document verification), the Petitioner carried with himself a sworn Affidavit stating therein his correct date of birth. Further, the Petitioner also carried an original copy of his Passport and Pan Card and Class 10th certificate to produce before the Respondent No.2 during the 'document verification' exercise. However, the Respondent No.2 refused to accept the said affidavit by stating his date of birth cannot be corrected without an order from an appropriate Court. Furthermore, the Respondent No.2 stated that the Petitioner would not be allowed to take the Data Entry Speed Testing (DEST)/Type Writing Test on 03.09.2019 in view of the mismatch in the date of birth. Thereafter, on 19.08.2019, the Petitioner prepared another affidavit and once again submitted the same with Respondent No.2 along with an application for correction of the date of birth. However, once again, the Respondent No. 2 refused to correct the date of birth and stated that the same cannot be corrected in absence of an order from an appropriate Court.

(3.) Learned counsel appearing on behalf of the petitioner submits that if it is assumed that the Petitioner himself committed the error while filling the form, the Petitioner cannot be punished harshly for an inadvertent error which does not make him ineligible to take the exam. The Forms were filled in a cyber cafe during the midnight and the website of the Respondent No. 2 was under much stress, thus, the error is at worst bonafide and not intentional misrepresentation / suppression.