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2021 DIGILAW 2119 (MAD)

K. R. Jayashree v. Director General, Staff Selection Commission, New Delhi

2021-08-16

A.A.NAKKIRAN

body2021
JUDGMENT : A.A. NAKKIRAN, J. Prayer: This Writ Petition has been filed, to issue a Writ of Mandamus, directing the Respondents to consider the representation of the Petitioner, sent by email on 02.08.2021 and to issue Hall Ticket and permit the Petitioner to appear for the Combined Graduate Level Examination, 2020. 1. By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal, at the admission stage itself. Mr. Rajesh Vivekanand, Assistant Solicitor, takes notice for the Respondents. 2. This Writ Petition has been filed, to issue a Writ of Mandamus, directing the Respondents to consider the representation of the Petitioner, sent by email on 02.08.2021 and to issue Hall Ticket and permit the Petitioner to appear for the Combined Graduate Level Examination, 2020. 3. This Court heard the learned counsel on either side, considered their rival submissions and also perused the materials placed on record. 4. Pursuant to the notification, dated 29.12.2020 for conducting Combined Graduate Level Examination, 2020, issued in the Website, by the Respondent Commission, the Petitioner, who is an Engineering Graduate, had applied for the same through online on 05.01.2021 and the application was rejected on 29.07.2021 on the ground that “Photo Date not found.” Hence, the Petitioner is before this Court, by way of this Writ Petition, with the prayer as stated above. 5. The only reason, on which the application of the Petitioner was rejected, is that “Photo Date not found.” According to the Petitioner, on such too hyper technical ground, the application ought not to have been rejected. The examinations are being held between 13.08.2021 to 24.08.2021. 6. Relying on page 7 of the typed set of papers, it is pointed out by the learned counsel for the Petitioner that since earlier while applying for XII Level Examination, 2020, her application with the same photo was accepted and she was allowed to write the examinations, the present application with the same photo ought not to have been rejected on mere technical ground, i.e. “Photo Date not found” and a representation dated 02.08.2021 was also sent, stating so. On a scrutiny, this Court finds that there are two different registration IDs with difference in the names of the applicant and their parents. The endorsement “Accepted” is relating to some other candidate and not relating to the Petitioner. Hence, the said contention of the Petitioner cannot be accepted. On a scrutiny, this Court finds that there are two different registration IDs with difference in the names of the applicant and their parents. The endorsement “Accepted” is relating to some other candidate and not relating to the Petitioner. Hence, the said contention of the Petitioner cannot be accepted. 7. However, in so far as the ground of rejection is concerned, as per clause 9.2 of the notification, the application, without such date printed on the photograph, will be rejected. On a further perusal of the copy of application of the Petitioner, it is seen that at the left bottom of the photo, the date is found to be affixed. Since the font size of the date is small in size, it is not clearly readable. But, the fact remains that the date is there or affixed on the photo. Hence, it cannot be said that the photo did not contain date affixed on it. 8. It is also seen from the enlarged photo that the date is found to be affixed at the left bottom of the photo and it is embedded in digital mode. The only thing is that without enlargement, though it could be seen, it is not readable. It is a too hyper technical ground. In such view of the matter, the ground for rejection of the application of the Petitioner viz. “Photo Date not found” cannot be accepted. If the Petitioner is denied the opportunity of writing examinations now, she will lose one year. 9. Earlier, scrutinization of applications had been done manually and now, it is being done technically. It is desirable that after uploading of the applications, once they are rejected by technical scanning and electronic modes, the rejected applications are to be scrutinized manually to ascertain as to the nature of the defects and the grounds of rejections and then, in the interest of justice, it is to be decided according to the nature of the defects. After uploading, simply and mechanically rejecting applications by technical or electronic modes will not serve the welfare of the candidates. 10. “Uploading the applications” means ‘sending the applications’ by the Applicants and ‘receiving them’ by the Employer. The technical rejections of the applications are to be done at the time of uploading of applications itself and in such event, the applicants would have some breathing time to rectify the defects and to apply again. 10. “Uploading the applications” means ‘sending the applications’ by the Applicants and ‘receiving them’ by the Employer. The technical rejections of the applications are to be done at the time of uploading of applications itself and in such event, the applicants would have some breathing time to rectify the defects and to apply again. It is also desirable that even in cases, where representations are received by applicants, whose applications are rejected, the same have also to be considered to find out the nature of rejections manually and then decided accordingly. 11. In view of the above, in this case, in the interest of justice, since the examinations are being held between 13.08.2021 to 24.08.2021, the Respondents are directed to issue Hall Ticket to the Petitioner forthwith and permit her to appear for the Combined Graduate Level Examination, 2020. 12. With the above directions and observations, this Writ Petition is disposed of. No costs. However, it is made clear that this order shall not be taken into consideration as a precedent by other candidates, since each and every case is to be analysed on its own facts and circumstances.