Candidates Can't Be Permitted To Amend Application Form Once Correction Window Expires: Rajasthan High Court Reiterates

LIVELAW NEWS NETWORK

14 Jun 2024 3:15 PM IST

  • Candidates Cant Be Permitted To Amend Application Form Once Correction Window Expires: Rajasthan High Court Reiterates

    “Candidature of a candidate can only be considered on the basis of the entries made by a candidate in his/her online/offline application form, including the correction/amendment made in such application form within the period allowed by the recruiting agency," the Rajasthan High Court said.Justice Ganesh Ram Meena reiterated that a candidate cannot be permitted to make correction/amendment...

    “Candidature of a candidate can only be considered on the basis of the entries made by a candidate in his/her online/offline application form, including the correction/amendment made in such application form within the period allowed by the recruiting agency," the Rajasthan High Court said.

    Justice Ganesh Ram Meena reiterated that a candidate cannot be permitted to make correction/amendment in the online application form after the last date of submitting the application form or up to the period and opportunity allowed to the candidate for making correction/amendment in the application.

    The bench was hearing a petition against non-consideration of petitioner's candidature for the post of compounder/nurse because she failed to enter her B.Sc. qualification in the application form, which was one of the eligibility criteria for the post.

    Counsel for the petitioner argued that this was the result of mistake on part of the portal along with human error and prayed that the petitioner should be allowed to make corrections in her form and be considered for the post.

    The Court observed that as per settled law, a candidature is considered based on entries in the application form including the corrections/amendments made. It was further highlighted that the application process provided for 3 days after filling the form to amend the incorrect entries. Despite this, the petitioner had not corrected her entries irrespective of B.Sc being the main eligibility criteria for the post. This was not considered as mistake or human error but negligence of the petitioner.

    The counsel for the respondent countered the prayer of the petitioner on the ground that if allowed, other candidates shall also approach the court, adversely hampering the recruitment process which needs to be completed at the earliest in public interest.

    The Court referred to the case of Piyush Kaviya & Ors. v the Rajasthan Public Service Commission & Ors. where it was held that every effort needs to be made to induct meritorious students, however, the administrative inconvenience caused due to allowing applicants to rectify the errors needs to be taken into account. Civil posts needs to be filled up as the earliest, and therefore the conflict between merit and public interest is balanced by allowing a window to the applicants for correcting their forms and prohibiting any amendments beyond this window.

    The Court also referred to the Supreme Court case of Rajasthan Public Service Commissioner, Ajmer & Anr. v Shikun Ram Firoda & Anr. in which the prayer for allowing amendments in the application form after expiration of the correction window was dismissed.

    Accordingly, the Court dismissed the petition disallowing the petitioner to make amendments/corrections in her application form since the correction window had closed.

    Title: Suman Kumari v State of Rajasthan & Ors.

    Citation: 2024 LiveLaw (Raj) 122

    Click Here To Read/Download Order

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