Inadvertent error in job form cannot deny appointment, rules CAT Chandigarh

In a significant judgment, Central Administrative Tribunal’s Chandigarh Bench has ruled that an appointment cannot be denied to an applicant for making an inadvertent mistake while filling out a job application form.

The Tribunal passed the order in the case of ex-serviceman who had qualified for the post of constable in the Chandigarh Police but was denied the job due to an inadvertent error in the application form.

Pawan Kumar Yadav, a resident of Rajasthan, in his application filed before the Tribunal, stated that he is an ex-serviceman who was discharged from the Army in 2015. His discharge certificate characterised his service as “Exemplary”.

In November 2015, he applied for the post of constable in the Chandigarh Police. The form was filled through a cyber cafe in the remote village of Sehikalan in Surajgarh tehsil of Rajasthan.

While filling out the form, the person at the cyber cafe mistakenly mentioned his category as Scheduled Caste (SC), whereas it was Other Backward Classes (OBC). However, the caste certificate uploaded with the application as well as the Army discharge certificate clearly mentioned his caste as “Ahir” and his category as OBC.

The applicant maintained that there was no concealment or non-disclosure and no intention to gain any undue benefit. Being from a disciplined force, he considered it his duty to inform the authorities about the mistake on his own even before the document verification process began. The authorities had not noticed the error prior to his disclosure.

The respondents conducted the Physical Efficiency and Physical Measurement Test of all candidates, which he cleared.

After declaration of provisional result and before the revised result was announced, he visited the computer section at the police headquarters and apprised the officials that his name had been shown in ESM (SC) category instead of ESM (OBC) category. He also pointed out that the marks secured by him placed him in the own merit category in ESM (General).

Despite being selected for the post, he was denied appointment.

The respondents, however, justified its action, stating that applicant has filled incorrect information in his application that he belonged to the SC category instead of OBC.

After hearing the arguments, the Tribunal observed that, “considering the facts and circumstances, we are of the view, as explained, by applicant that the mistake in filling the form is inadvertent. We find no concealment of facts as the issue has been suo moto brought to the notice of authorities concerned. The OBC caste certificates uploaded along with form have not been found to be invalid.”

“The only error apparent is error in filing the form which according to us is inadvertent. In our view, therefore, the applicant who has otherwise qualified and is eligible must not be denied what is due to him. Hence, the application is allowed and we direct the respondents that the applicant be considered under appropriate category. Appointment letter be offered to him within four weeks on receipt of copy of this order,” the Tribunal said.