KAPTAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order of mine shall dispose of above-mentioned two writ petitions, as similar facts and common issues are involved therein. For brevity, facts are being taken from CWP No. 10407 of 2019.

(2.) Challenge herein, is to the rejection of the candidature of the petitioner on the ground of an inadvertent error committed by the petitioner in filling up his gender in the on-line application form, for appointment to the post of Constable in India Railways and the subsequent refusal by the respondents vide letter dated 25.03.2019(Annexure P-5) to rectify the said mistake in the application form on the ground that Computer Based Test(CBT) for the post of Constables was since complete and, therefore, such a rectification could not have been carried For Subsequent orders see CM-9694-CWP-2019 Decided by HON'BLE MR. JUSTICE ARUN MONGA out after the said completion.

(3.) The Railways issued an employment notice No.1/2018(Annexure P-1) for filling up various posts of Constables, both male and female categories. The petitioner(a male candidate) hails from rural background and is native/ resident of village Malvi, Tehsil Julana, District Jind in the State of Haryana. He visited a nearby cyber-cafe for filling up the online application form qua the post of Constable. The person deployed at cyber-cafe filled up the relevant application form under the instructions of the petitioner. However, the petitioner was totally unaware that the cyber-cafe person had inadvertently filled in the gender column as 'female' instead of 'male' and being unaware of the said mistake, the same escaped the notice of the petitioner.