Job cannot be denied for inadvertent mistake in application form: CAT's Chandigarh Bench

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has ruled that an appointment cannot be denied to an applicant for making an inadvertent mistake in filling an application form for a job.

The tribunal has passed the order in the case of an ex-serviceman who had qualified for the appointment of Chandigarh Police constable post, but was denied the job because of an inadvertent mistake in the application form by the applicant.

Pawan Kumar Yadav, a resident of Rajasthan, in the application filed before the tribunal through advocate Rohit Seth said that he was an ex-serviceman and was discharged from Army in 2015. He was characterised as ‘exemplary’’ in the discharge certificate. In November 2015, he applied for the post of constable in Chandigarh Police.

While filling the form his category was mentioned by the person filling it as SC, though it was in fact OBC. The caste certificate uploaded with the application and the discharge certificate of the Army uploaded with the application showed his caste as ‘’Ahir’’ and category as ‘’OBC’’.

There was no concealment or non-disclosure and no intention to get any undue benefit.

Being from a disciplined force, he thought it to be his duty to bring this fact to the notice of the authorities himself even before document verification was carried out. At no point of time before disclosure, the authorities noticed this fact either.

The respondents conducted the physical efficiency and physical measurements of all the aspirants and he cleared the same. After declaration of provisional result and before declaration of revised result, he visited the computer section at the Police Headquarters and apprised them of the fact that his name has been shown in ESM (SC) category instead of ESM (OBC) category, though the marks scored by him makes him fall in the own merit category in ESM (general). But he was denied the appointment despite selected for the post.

On the other hand respondents justified their action. They said that the applicant had filled incorrect information in his application that he belonged to SC category instead of OBC.

After hearing the arguments, the tribunal said that, “Considering all facts and circumstances, we are of the view, as explained by the applicant, that the mistake in filling the form was inadvertent. We find no concealment of facts as the issue had been suo motu brought to the notice of the concerned. The OBC caste certificate uploaded along with the form has not been found to be invalid.”

It added that, “The only error apparent is in filling 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.”