Saurav Sharma vs State Of H.P. And Ors.

Tarlok Singh Chauhan, J

“An unemployed existence is a worse negation of life than death itself.â€​

2 This is so stated by the brilliant Spanish Philosopher Mr. Jose Ortega Y Gasset and holds good even today.

3 Unemployment continues to be a daunting problem and, therefore, it is required to be ensured that the government or public bodies do not deny employment on

flimsy ground or by adopting any hyperÂtechnical approach. 4Respondent No.2 i.e. Director General of Police, Himachal Pradesh, on 3.3.2019 advertised 720 posts

for Constables (Male), 130 for Constable (Drivers) and 213 for Constables (Female). Number of vacancies allotted to District Bilaspur under general category was 40.

The petitioner applied for the post of Constable by filling in onÂline application form. The petitioner was accordingly issued Roll Number and admit card and was

asked to appear in physical efficiency and written test, which he qualified. Thereafter, he was called for personality test vide letter dated 26.10.2019. The final results

of the selection were declared and against the posts meant for general category, i.e. 40, only 12 constables were recruited.

5 The grievance of the petitioner is that he has not been allotted marks for NCC (B) certificate that was submitted by him and was thereby deprived of 2 additional

marks, which if counted, would have resulted in the selection of the petitioner.

6 The respondents have not disputed any of the contentions raised by the petitioner and the sole ground for not considering NCC (B) certificate is that the same was

submitted after the last date of submission of onÂ​line application form, i.e. 30.4.2019 in midnight.

7 Now, therefore, the moot question is whether NCC (B) certificate was required to be submitted before cut off date.

8 It is not in dispute that the petitioner had produced NCC (B) certificate on the date of interviewÂcumÂpersonality test, but the same did not bear any date.

However, the same was later on verified and it was found to be genuine, but issued only on 27.8.2019 i.e. after last date of submission of onÂline application from i.e.

30.4.2019.

9 It is the specific case of the petitioner that only after he qualified the physical standard and written test held on 8.9.2019 that he was called for personality test vide

letter dated 26.10.2019 (Annexure PÂ​7), whereby it was for the first time that he was informed that candidates, who possess NCC certificates will be given a weightage

of 3 marks for NCC (C) certificate and 2 additional marks for NCC (B) certificate in personalityÂcum suitability test and earlier to that, at no stage was the petitioner

ever asked to submit the NCC certificate, whether onÂ​line or offÂ​ line.

10 The respondents have not been able to rebut or controvert the allegation made by the petitioner.

11 It is not in dispute that the NCC certificate submitted by the petitioner was genuine and, therefore, we see no reason why the same should not have been

considered only on account of the fact that the same did not bear any date. The date on the certificate was to be mentioned by the issuing authority over which the

petitioner had no control.

12 Now, adverting to the contention of the respondents that NCC certificate had not been submitted onÂline and had been procured only in the month of August

2019.

13 The respondents have framed the Rules in exercise of the powers conferred by section 46 read with Section 2 of the Police Act, 1861 and subÂsection (4) of

Section 144 of the Himachal Pradesh Police Act, 2007(17 of 2007). Appendix 12.12Â A provides for procedure for recruitment of Constables in the H.P. Police

Department.

14 Rule 6 provides for submission of application and reads as under:Â​

6.1 Application for recruitment shall be submitted by the applicants on the prescribed proforma to the district Superintendent of Police concerned. An application will

be considered only in respect of vacancies of the District in which the applicant is ordinarily resident according to the Bonafide Himachali Certificate obtained by the

candidate. This may be noted that no certificates or copies of certificates are to be attached with the application. Instead every applicant will sign a declaration on the

application form itself undertaking that the information furnished by him in the Application Form is true and correct. The actual information of original certificates will

be done only in respect of candidates who are called for ‘Personality Test’ (Refer RuleÂ12) and any applicant having made an incorrect or false declaration

shall stand disqualified automatically at that stage. A candidate shall only be considered against the district shown as his residence in the Bonafide Himachali

Certificate. A cut off date to declare one’s category to avail reservation will be provided in the Recruitment Notice/Advertisement and after that no change of

category will be entertained.

15 Rule 6.1 clearly suggests that no certificates or copies of certificates are to be attached with the application. Instead every applicant will sign a declaration on the

application form itself undertaking that the information furnished by him in the application form is true and correct. Thus, there was no occasion`for the petitioner to

have submitted NCC(B) certificate at any stage prior to holding of personality test.

16 Moreover, we do not find any provision made in the application form for submitting the NCC certificate onÂline with application form and as regards the late

submission of NCC certificate, it was the respondents themselves, who vide letter dated 26.10.2019 (Annexure PÂ7) had asked the petitioner to submit the certificate,

as would be evident from the relevant portion of call letter, which is reproduced hereÂ​inÂ​below:Â​

The personality test shall be consisting of 15 marks. Candidates will be called for PersonalityÂcumÂSuitability test from amongst those who have qualified in the

ratio of 1:3 persons for each Posts. Before admitting a qualified candidate to the PersonalityÂcumÂSuitability test all necessary and relevant documents in original

shall have to be produced by the candidate along with a set of photocopies. Only after the documents are duly scrutinized and found in order, a candidate shall be

allowed to appear for PersonalityÂcumÂSuitability test. Failure to submit original or any document not found in order as required shall result in immediate

disqualification of the candidate. Candidates, who possess NCC certificates will be given a weightage of 03 additional marks for NCC (C) certificate and 02 additional

marks for NCC (B) certificate in PersonalityÂ​cumÂ​Suitability Test. A candidate having both these certificate will be given marks only for NCC (C) certificate.

17 We have noticed from the call letter that it did not specify that the NCC certificate issued subsequent to the date of receipt of application form would not be

considered and looked into. Therefore, in the given circumstances, the respondents were bound to consider the NCC certificate submitted by the petitioner.

18 No doubt, a candidate seeking appointment pursuant to any advertisement is required to scrupulously and carefully go through the instructions and follow the

same, but any minor or insignificant lapse, which could be rectified or remedied before the date of final selection, in such like cases, should not prove fatal to the

extent of denying appointment to the meritorious candidate, who otherwise has qualified all the requisite tests i.e. physical standard and written test.

19 In the above circumstances, while allowing the present petition, we direct the respondents to consider NCC (B) certificate submitted by the petitioner and in case

the petitioner makes a grade in the seniority list, then he be appointed and given same and similar benefit as has been given to the appointees pursuant to recruitment

notice, Annexure PÂ​3 dated 3.3.2019. Needful be done within four weeks from today.

20 The petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.