Manish Kumar v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16622 of 2013 ===========================================================
1. Manish Kumar Son Of Shri Sanjay Singh Resident Of Village - Duwari, Po. Nishchalganj, P.S. District - Nalanda, Bihar .... .... Petitioner/s
Versus
1. The Union Of India Through The D.I.G. C.I.S.F. ( East Zone ) Patlipura Near Raj Chikitsa Boring Road Patna - 13 ( Bihar )
2. The Inspector General C.I.S.F. Eastern Range New Patliputra Colony Boring Road, Patna 13
3. The Director General C.I.S.F. 13 C.I. S.F. Office Lodhi Road, New Delhi - 03
4. Shri H.V. Chaturvedi Inspector General / Administration C.I.S.F. C.G.O. Complex Lodhi Road Delhi Of The C.I.S.F. C.G.O. Complex Lodhi Road New Delhi - 3
5. One Dy. Registrar Central Information Commission Room No.305 2nd Floor ( 13 ) Wing August Kranti Bhawan - Bhiklaji Cama Place New Delhi - 110066 .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. RAM BALI JHA For the Respondent/s : Mr. Sanjay Kumar (A.S.G.) Mr. Anjani Kumar Sharan, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 28-06-2016 Heard learned counsel for the petitioner and learned counsel for the Union of India.
The petitioner against the advertisement dated 26.3.2011 in Dainik Jagran newspaper had applied for the post of constable in CISF. As he had requisite educational qualification and passed written examination, called for skill test at Bokaro. There petitioner appeared in the skill test but could not qualify on that account his candidature was rejected.
Learned counsel for the petitioner has challenged the
Patna High Court CWJC No.16622 of 2013 dt.28-06-2016 action of the Government on the ground that he has wrongly been shown disqualified in the skill test as the Staff Selection Commission has given two roll numbers at two different places as in the letter dated 9.10.2012 (Annexure-11) his roll number has been shown to be 1145107399 whereas in Annexure-2 his roll number has been shown as 1142107399 and the person who has been declared disqualified on the ground of skill test is not the person having role no. 1142107399 and as such petitioner has wrongly been shown disqualified in the skill test. Case was taken up on 13.5.206; this Court after perusal of the record has found discrepancy in the roll number and asked counsel for the Union of India to verify the correct roll number of the petitioner.
A supplementary counter affidavit has been filed by the Union of India where in paragraph no. 3 roll no. of petitioner has been shown as 1142107399 and there is no dispute that the person having aforesaid roll numbers could not qualify in the skill test. In case of failure of the petitioner in crossing level of skill test this Court cannot give direction for the appointment of the petitioner. Mere typographical error cannot be a basis to create the vested right or any right in favour of the petitioner Human being always falls in error. The person who, cannot
Patna High Court CWJC No.16622 of 2013 dt.28-06-2016 qualify will not be treated to have qualified. This Court does not find any merit in this writ petition. It is accordingly dismissed.
(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE Uploading Date 11.7.2016 Transmission Date