Jammu & Kashmir And Ladakh High Court Upholds Denial Of Job To Candidate Who Signed Application Form In Capital Letters

The Jammu & Kashmir and Ladakh High Court has upheld the denial of job to a candidate who signed the application form in capital letters contrary to the instructions provided.

The Court was considering Writ Petition filed by a Constable Candidate against dismissal of his application form on the ground that he had put signatures in capital letters on the application form instead of small letters.

The Bench of Justice Vinod Chatterji Koul observed, "There is no dispute regarding the fact that the petitioner has signed the application form in capital letters, which is contrary to the instructions contained in Colum 21 and 22 of the Brochure which specifically provide that signature of the candidate must be in running hand and that an application signed in capital letters shall be liable to rejection. It is thus, evident that the petitioner has failed to comply with the prescribed requirements as contained in column 21 & 22 of the Brochure therefore his form was not in conformity with the instructions."

The Petitioner was represented by Advocate Anil Gupta, while the Respondent was represented by Deputy Solicitor General of India Vishal Sharma.

Facts of the Case

The case of the Petitioner was that he applied for the post of Constable after coming across an advertisemnet wherein eligibility criteria prescribed for qualification was matriculation along with other physical standards.

The Petitioner having passed matriculation in the year 2006, and belonging to the Scheduled Caste category, was selected. However, the selection was cancelled on the ground that he had put signatures in capital letters on the application form instead of small letters.

The Petitioner contended that he has fulfilled all requisite qualifications and eligibility criteria, and was duly selected and found fit for appointment. Therefore, once having been selected and found suitable, his selection could not have been cancelled without any justifiable reason or in due process of law.

Reasoning By Court

The Court agreed with the Counsel for the Respondent's submission that the Petitioner’s candidature was rejected on the ground that he did not adhere to the instructions contained in the notice of examination and signed in capital letters.

Recognizing that the Petitioner has not signed the form as per the requirements under the Colum 21 and 22, of Brochure which provides for rejection, the Court refused to grant the required relief.

The Petition was accordingly dismissed.

Cause Title: Vikki Kumar v. Union of India and Anr.

Appearances:

Petitioner- Advocate Anil Gupta 

Respondent- Deputy Solicitor General of India Vishal Sharma, Central Government Standing Counsel Eishaan Dadhichi

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