Supreme Court Dismisses Writ Petition Challenging Rejection of Candidature in Recruitment Process Due to Language Violation. Use of Different Languages in Application and OMR Sheet Constituted a Violation of Mandatory Conditions, Justifying Rejection.

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Case Note & Summary

The case involved a challenge to the rejection of a writ petitioner's candidature for the post of Constable in the Railway Protection Force (RPF) due to the use of different languages in the application form and OMR sheet. The writ petitioner, belonging to the Other Backward Class category, filled the application in English but wrote a paragraph in Hindi on the OMR sheet during the examination. The appellants rejected his candidature based on expert opinion indicating discrepancies in signatures and handwriting. The High Court initially set aside this rejection, leading to the current appeal. The Supreme Court analyzed the implications of the language requirement stated in the recruitment advertisement, emphasizing that adherence to prescribed procedures is essential to maintain the integrity of the selection process. The court found that the time gap between the application and examination did not justify the use of different languages, and the argument that such a violation was merely an irregularity was dismissed. Ultimately, the court ruled that the rejection of the writ petitioner's candidature was justified, leading to the dismissal of the writ petition and the allowance of the appeal.

Headnote

A) Administrative Law - Recruitment Process - Language Requirement - Violation of Language Condition - The requirement to use the same language in the application form and OMR sheet is mandatory to prevent impersonation and ensure identity verification - The court held that the use of different languages constituted a violation of the prescribed procedure, justifying rejection of the candidature - The decision of the High Court was set aside (Paras 9-19).

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Issue of Consideration

Whether the use of different languages in the application form and OMR sheet warranted rejection of the candidature.

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Final Decision

The Supreme Court allowed the appeal, set aside the High Court's order, and dismissed the writ petition, affirming the rejection of the writ petitioner's candidature due to the violation of the language requirement.

Law Points

  • Recruitment process
  • language requirement
  • handwriting verification
  • judicial review
  • procedural compliance
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Case Details

2022 LawText (SC) (07) 223

Civil Appeal No. 4807 of 2022

2022-07-25

Hemant Gupta, Vikram Nath

Madhavi Divan, Prashant Bhushan

Union of India & Ors.

Mahendra Singh

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Nature of Litigation

Challenge to the rejection of candidature in a recruitment process.

Remedy Sought

The writ petitioner sought to overturn the rejection of his candidature.

Filing Reason

The writ petitioner filed the case after his candidature was rejected despite scoring above the cut-off marks.

Previous Decisions

The High Court initially set aside the rejection, which was then appealed by the appellants.

Issues

Whether the use of different languages in the application form and OMR sheet warranted rejection of the candidature.

Submissions/Arguments

The appellants argued that the use of different languages violated mandatory conditions of the recruitment process. The writ petitioner's counsel contended that the violation was merely an irregularity and should not lead to disqualification.

Ratio Decidendi

The court held that adherence to prescribed procedures in recruitment processes is essential, and deviations from such procedures, such as using different languages in application forms and answer sheets, justify rejection of candidature.

Judgment Excerpts

The requirement to use the same language in the application form and OMR sheet is mandatory to prevent impersonation and ensure identity verification. The argument of Mr. Bhushan that use of different language is not followed by any consequence and, therefore, cannot be said to be mandatory is not tenable.

Procedural History

The writ petitioner initially filed a writ petition challenging the rejection of his candidature, which was set aside by the Single Bench of the High Court. The Division Bench of the High Court affirmed this decision, leading to the current appeal.

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