Bombay High Court Allows Writ Petition for Technician Post Despite Late Application Due to Technical Glitch. Petitioner's Candidature Cannot Be Rejected for Respondent's Mistake in Displaying Extended Last Date on Portal.

High Court: Bombay High Court Bench: NAGPUR In Favour of Accused
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Case Note & Summary

The petitioner, Nitin Mahavir Sharma, applied for the post of Technician Grade III with the Maharashtra State Power Generation Company Limited. The original last date for submission of applications was 10.09.2014, but the result of a mandatory Trade Test was declared only on that day. The respondent extended the last date to 20.09.2014 for certain in-house trainees, but due to a technical glitch, the extended date was displayed on the online portal for all candidates. The petitioner submitted his application on 20.09.2014 and was allowed to participate in the selection process. However, his candidature was later rejected on the ground that his application was belated. The petitioner filed a writ petition seeking a direction to consider his candidature. The court noted that the respondent had extended the last date for in-house trainees, but the recruitment agency failed to publish the complete text online, leading to the petitioner's mistaken belief that the extended date applied to him. The court held that the petitioner cannot be penalized for the respondent's mistake and directed the respondent to consider his candidature for the one vacant post of Technician Grade III in the OBC category, which was kept vacant as per an earlier court order. The petition was allowed with no order as to costs.

Headnote

A) Recruitment - Extension of Last Date - Technical Glitch - The respondent extended the last date for submission of applications only for in-house trainees, but due to a technical error, the extended date was displayed on the portal for all candidates. The petitioner, relying on this display, submitted his application on the extended date. Held that the petitioner cannot be penalized for the respondent's mistake, and his candidature must be considered (Paras 2-5).

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Issue of Consideration

Whether the petitioner's candidature for the post of Technician Grade III should be rejected solely on the ground that his online application was submitted on the extended last date, when the extension was not applicable to him but was displayed on the recruitment portal due to a technical error.

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Final Decision

The petition is allowed. The respondent is directed to consider the petitioner's candidature for the post of Technician Grade III in the OBC category against the vacant post kept as per the order dated 04.12.2015. Rule is made absolute. No order as to costs.

Law Points

  • Equity
  • Estoppel
  • Administrative Law
  • Recruitment
  • Extension of Last Date
  • Online Application
  • Technical Glitch
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Case Details

2016 LawText (BOM) (04) 120

Writ Petition No. 6551 of 2015

2016-04-20

B.P. Dharmadhikari, P.N. Deshmukh

M.V. Mohokar for petitioner, A.D. Mohgaonkar for respondent

Nitin s/o Mahavir Sharma

Maharashtra State Power Generation Company Limited

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Nature of Litigation

Writ petition challenging rejection of candidature for the post of Technician Grade III.

Remedy Sought

Direction to the respondent to consider the petitioner's candidature for the post of Technician Grade III.

Filing Reason

The petitioner's application was rejected as belated despite being submitted on the extended last date displayed on the portal.

Previous Decisions

An earlier court order dated 04.12.2015 directed that one post of Technician Grade III from OBC category be kept vacant.

Issues

Whether the petitioner's application was within the extended last date and should be considered. Whether the respondent's technical glitch can be held against the petitioner.

Submissions/Arguments

Petitioner argued that the last date was extended to 20.09.2014 and he applied on that day, but his candidature was rejected as belated. Respondent argued that the extension was only for in-house trainees and not for open market candidates like the petitioner, and the display was a technical error.

Ratio Decidendi

A candidate cannot be penalized for a mistake or technical glitch on the part of the recruiting authority. If the extended last date was displayed on the portal, the candidate's reliance on it is justified, and his application cannot be rejected as belated.

Judgment Excerpts

The application was within time and was found in accordance with law, therefore, the petitioner was permitted to participate in selection process but ultimately on the ground that his application is belated, his candidature has been turned down. He submits that the last date was not extended for candidates from open market like the petitioner. The learned counsel states that the other candidate has approached Aurangabad Bench and his petition is pending.

Procedural History

The petitioner filed Writ Petition No. 6551 of 2015 before the Bombay High Court, Nagpur Bench. The court issued an order on 04.12.2015 directing that one post of Technician Grade III from OBC category be kept vacant. The petition was heard finally on 20.04.2016 and allowed.

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High Court Bombay High Court Allows Writ Petition for Technician Post Despite Late Application Due to Technical Glitch. Petitioner's Candidature Cannot Be Rejected for Respondent's Mistake in Displaying Extended Last Date on Portal.
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