RAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel for the petitioners, the State and for the Central Selection Board (hereinafter referred to as the 'Board'). The petitioners were applicants for the post of Constables in the District Police, Bihar Military Police and the State Railway Police. They are aggrieved by denial of appointment.

(2.) Learned Counsel for the petitioners submits that the selection was based on a written test which form the basis of a mark obtained to be followed by a Physical Evaluation Test which was the qualifying test. At the time of submission of applications candidates belonging to the general category, extremely backward caste, backward caste both male and female were required to submit their applications in a Blue colour form. The candidates were required to disclose their reservation status in the application form. No documents were to be annexed. The caste certificates were to be produced at the time of physical evaluation test. The petitioners in their application forms committed an inadvertent error by ticking the wrong reserved category status. During the physical evaluation test they have to produce their correct caste certificates. If the caste certificate of the petitioners are not in dispute, the inadvertent error committed by them cannot visit them with such drastic consequences shifting them out for consideration for appointment. The omission on their part was too technical to adopt a hyper-technical approach. Petitioners 1, 2, 4 and 6 erroneously mentioned that they belonged to Most Backward Caste in place of Backward Caste. Petitioner No. 5 belonged to the most Backward Category but wrongly disclosed his status as B.C.-II. Similar errors of the reserved category status occurred with regard to the others.

(3.) Counsel for the Board submits that the advertisement stated that the candidates should read the instructions carefully before filling the form. Those successful in the written examination were to be called in the ratio of 1:5 based on their reservation category disclosed. The application form stated that in case of any error committed by a candidate in filling up the form, his candidature shall be rejected. The petitioners are themselves answerable for their predicament in not having been careful while filling the application form. Reliance is placed on T. Jayakumar vs. A. Gopu & Ors., 2008 9 SCC 403.