Manoj Vinod Khedkar vs Union Of India & Ors.

(Per Rajnish R. Vyas J)

Heard. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.

Heard finally with the consent of respective parties. As it pertains for consideration of the candidature of the petitioner for the recruitment of Constable (GD) in Central Armed Police Forces (CAPFs), SSF and Rifleman (GD) in Assam Rifles Examination, 2024.

In response to the advertisement dated 24/11/2023 issued by the respondents herein, for the aforestated posts, the petitioner presented an application accompanied with the required qualification possessed by the petitioner herein, petitioner was permitted to appear for the written examination conducted by the respondents herein, considering the qualification possessed by the petitioner.

That on the date of examination the biometric of the applicant was not getting matched with that of earlier and hence due to constraint of time of written examination the applicant was allowed to write the examination. Although, the mismatch of Biometric was noted by the respondents, still the petitioner was permitted to appear for the medical examination, which was conducted by the respondents, during the recruitment process. According to the petitioner, though the necessary requirement of physical examination and document verification was successfully cleared by the petitioner, however, in the final result of the recruitment process, which was published on 14/12/2024, the names of petitioner was not included in the said result for the solitary reason of Biometric mismatch.

In the aforesaid backdrop, the petitioner has prayed that the result which is withheld by the respondents for recruitment of Constable (GD) in Central Armed Police Forces (CAPFs), SSF and Rifleman (GD) in Assam Rifles Examination, 2024 be declared. The further concern of the petitioner is that as recruitment process has commenced on 24/11/2023 and the same is eventually concluded in the wake of declaration of result on 14/12/2024, the petitioner is running against the time. As such, the respondents are not justified in withholding the result of the petitioner in spite of the fact that the petitioner is found to be qualified, and have further cleared the written examination. As such, they were also called for the physical and document verification. The obvious mistake is not attributable to the petitioner in relation to the Biometric mismatch. The approach adopted by respondents while not declaring the result, is seriously prejudicial to the interest of the petitioner, to which the petitioner are legitimately entitled for. Therefore, the petitioner prayed for declaration of the result.

In response to the Court’s notice, Shri C.J. Dhumane, learned counsel appearing for respondent Nos.1, 2 and 4 submitted that the result in relation to Biometric mismatch is still awaited. As such, the result cannot be declared and therefore, attempted to justify the withholding of the result of the petitioner herein.

Having considered the rival submissions, it appears that it is a matter of record that the petitioners’ candidature was considered by the respondents, thereafter, the written examination conducted is also successfully cleared by the petitioner herein. Resultantly, the physical and document verification was carried out. However, but for Biometric mismatch which is conducted by the respondents themselves, which is according to us is not attributable to the petitioner herein, the petitioner have been otherwise declared successful. Therefore, in our considered view, the respondents are not justified in withholding the results since the recruitment process has commenced in the month of November 2023 and after lapse of substantial period, the respondents are not justified in withholding the results of the petitioner, to which petitioner is legitimately entitled for, in the wake of petitioner successfully clearing the written examination. Therefore, we direct the respondents to declare the result of the petitioner within a period of four weeks from today.

Needless to state that the candidature of the petitioner deserves to be considered on their respective merit and if the petitioner is are otherwise qualified.

The writ petition is allowed. Rule is made absolute in the above terms with no order as to costs. Pending Application(s), if any, stand(s) disposed of.