Facts
The Department of Posts issued Notification No. RECTT/1-41/GDS/2017 for selection and engagement of Gramin Dak Sevaks in Rajasthan Circle against 1,577 posts, including 279 posts reserved for Scheduled Tribes.
Source reference: no citationSelection was to be based on marks obtained in the Class X examination through an automatically generated merit list.
Source reference: no citationCandidates who passed Class X in the first attempt were to be treated as more meritorious than candidates who passed compartmentally or through supplementary examination.
Source reference: no citationThe applicant, belonging to the Scheduled Tribe category, obtained 461 out of 600 marks, equivalent to approximately 76.83%.
Source reference: no citationHowever, while completing the online application, he answered “Yes” to the question concerning compartmental or supplementary qualification.
Source reference: no citationOn the basis of that declaration, he was treated as a candidate who had not passed Class X in the first attempt, and candidates with lower marks were selected instead.
Source reference: no citationThe application was dismissed for default on 29 March 2023, but was restored on 19 September 2023 pursuant to M.A. No. 201/2023.
Source reference: no citationThe applicant thereafter continued to remain unrepresented and did not pursue the matter.
Source reference: no citationThe Tribunal nevertheless decided the case on merits on the basis of the pleadings and record rather than dismissing it again for non-prosecution.
Source reference: no citationIssues
Whether the respondents acted unlawfully or arbitrarily by treating the applicant as having passed Class X through compartmental or supplementary examination because he selected “Yes” in the relevant column of the online application form, despite his marks-sheet indicating that he had passed in the first attempt?
Source reference: no citationWhether the applicant was entitled to consideration for selection on the basis of his Class X marks and correction of the information submitted in the online application after completion of the computerised merit process?
Source reference: no citationLaw Applied
The notification prescribed that selection would be made through an automatically generated merit list based on the candidates’ online applications and that a candidate who passed the Class X examination in the first attempt would be treated as more meritorious than one who passed compartmentally or through supplementary examination.
Source reference: no citationIt further stipulated that candidature could be rejected where the candidate entered erroneous information or uploaded incorrect details, including incorrect marks, and required the selection process to operate on the basis of the information submitted online by the candidate.
Source reference: no citationNo judicial precedent or separate statutory provision was relied upon in the order.
Source reference: no citationReasoning
The Tribunal found from the applicant’s marks-sheet that he had actually passed Class X in the first attempt with 76.83% marks.
Source reference: no citationHowever, the applicant himself had selected “Yes” against the compartmental/supplementary column in the online application.
Source reference: no citationSince the recruitment process was computerised and the merit list was generated on the basis of the information furnished online, the respondents were entitled to process his candidature according to that declaration.
Source reference: no citationThe notification expressly warned that erroneous information could affect or invalidate candidature.
Source reference: no citationThe Tribunal therefore held that applying the declared information to the applicant, consistently with the manner in which all candidates were processed, was not arbitrary, even though the marks-sheet later appeared to show that he had passed in the first attempt.
Source reference: no citationHolding
The Tribunal dismissed O.A. No. 672/2019, holding that the respondents had acted in accordance with the recruitment notification by treating the applicant as having passed compartmentally or through supplementary examination on the basis of his online declaration.
The applicant was not granted reconsideration or appointment.
Source reference: no citationThe dismissal was without an order as to costs, and all pending miscellaneous applications, if any, were disposed of.
Source reference: no citationOriginal Court PDF
Shyam Sunder ChouhanvsD/o Post
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