KULDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking a writ of Certiorari for quashing of condition No.5 of the terms & conditions of Detail of Posts (Annexure P-2) dtd. 4/8/2020, wherein, it was mentioned that a candidate would not be permitted to change the category filled up while applying for the posts advertised pursuant to letter and detail of posts dtd. 4/8/2020 (Annexures P-l & P-2, respectively), as it was arbitrary, illegal, discriminatory and violative of Article 14 of the Constitution of India as well as the principles of natural justice.

(2.) Learned counsel for the petitioner submits that the the petitioner applied for the post of Multipurpose Health Worker (Female) pursuant to letter and detail of posts dtd. 4/8/2020 (Annexures P-l and P-2, respectively) under the Sports SC (M&B) category vide her online application form (Annexure P-4). On completion of the process, respondent No.3 issued admit cards to the applicants including the petitioner for the written test, which was scheduled to be held on 26/10/2020. The petitioner got her admit card on 23/10/2020 (Annexure P-5). On receipt of the admit card, the petitioner noticed that inadvertently she had mentioned her category as 'Sports SC (M&B)' instead of 'SC (M&B)'. Since there was hardly any time left for the petitioner to rectify the aforementioned mistake qua the wrong category mentioned by her, she took the written test on 26/10/2020. When the result was declared by respondent No.3 on 28/10/2020, her name figured in the provisional merit list of Sports SC (M&B) category (Annexure P-7), wherein, she was shown to have secured 52 marks in the written test. On 28/10/2020, respondent No.3 issued the notice (Annexure P-8) qua the dates of counseling for the purpose of verification of the documents of candidates belonging to different categories. The petitioner thereafter approached the recruitment cell of respondent No.3 on 29/10/2020 and made a request for correction of her category on account of the inadvertent mistake committed by her while filling up the application form. However, respondent No.3 expressed its inability to accede to the request of the petitioner in view of condition No.5 of Annexure P-2 (details of posts), which did not permit any change in a category filled up by the candidates in their application forms. Hence, the writ petition.

(3.) It has been urged by the learned counsel for the petitioner that it was an inadvertent mistake, which would cost the petitioner dearly. It has been contended that the bona fide mistake on the part of the petitioner is evident from the fact that she had at no point in time in her entire academic career ever participated in any sports and further, if her category is changed to SC (M&B), even though subsequent to the conduct of the written exam, it would not adversely affect the selection of any other candidate, as the selection had been made purely on the basis of marks obtained by a candidate in the written test. It has been further argued that once an application form has been submitted by a candidate through online process and if a mistake has occurred, the same cannot be rectified through online process, as after the submission of the form, it gets locked. Hence, the denial of respondent No.3 to rectify the mistake bonafidely made by the petitioner, is illegal and against the principles of natural justice.