In a recent judgment by the Delhi High Court, the decision in the defects rectifiability case was upheld, with the court ruling in favor of the respondent. The case revolved around issues in the application form, but the court found them rectifiable and not fatal for the respondent’s candidacy. The petitioner’s arguments were refuted, ultimately leading to a dismissal of the writ petition. Stay tuned for more updates on this significant legal ruling.
Facts
- The learned Tribunal directed in favor of the respondent based on a stay dated 21.09.2023.
- The learned Tribunal allowed the original application filed by the respondent/ applicant.
- The decision was based on a Co-ordinate Bench’s ruling in O.A. No 4005/2017.
- The Tribunal directed the petitioners to issue an offer of appointment to the respondent after verifying all eligibility criteria.
- The Court examined the submissions made by both parties.
- The Court noted the arguments presented by the petitioners.
- The Court considered the relevant legal provisions and case laws.
- The Court decided on the admissibility of the petitioners’ claims.
- The Court provided reasons for its decision regarding the aggrieved petitioners.
Arguments
- The petitioner’s argument that the respondent’s candidature should be canceled due to a mistake made at the initial stages is refuted.
- The court notes that the petitioner had issued an admit card to the respondent, who was selected, and therefore cannot cancel the candidature on the basis of a purported mistake.
- The court distinguishes previous decisions cited by the petitioner as not applicable in the current scenario where the respondent had already been selected and issued an appointment letter.
- The court highlights that the defects in the application forms of candidates in previous cases were detected earlier, unlike the present case where the petitioner seeks to cancel candidature at a late stage when the respondent is undergoing training.
Analysis
- All required details in the application form were properly filled by the respondent with no disputes or discrepancies.
- The respondent provided the necessary documents when requested.
- The only identified defects were the non-fillings of date and place columns in the application form.
- These defects are considered rectifiable and not fatal for cancellation of candidacy.
- The petitioners, who processed the application and allowed the respondent to proceed through the examination stages, also share responsibility for the mentioned defects.
- The respondent received multiple approvals throughout the process.
- The respondent was found successful in 2012-13
- It would be unjust to deprive the respondent of appointment
- The Tribunal denied seniority or consequential benefits to the respondent
Decision
- The court found no merit in the writ petition.
- The court decided to dismiss the writ petition.
- Each party will bear their own respective costs.
Case Title: UNION OF INDIA AND ANR. Vs. GABBAR SINGH MEENA (2024:DHC:3892-DB)
Case Number: W.P.(C)-6776/2024
