Bonafide & Inadvertent Mistake Committed: Himachal Pradesh High Court Allows Candidate To Change Category In Recruitment Application
The Himachal Pradesh High Court directed the Respondent authority to permit the Petitioner to change her category from Scheduled Caste to Scheduled Tribe.
The Himachal Pradesh High Court allowed a candidate to change her category in an online recruitment application form while remarking that the same is a “bonafide and inadvertent mistake committed.”
The Court allowed a Petition filed by the Petitioner, directing the Respondent authority to permit the Petitioner to change her category from Scheduled Caste to Scheduled Tribe in her application for the post of Constable (Female). The Petitioner was also to be permitted to participate in the further selection process as a candidate belonging to the Scheduled Tribe Category.
A Single Bench of Justice Jyotsna Rewal Dua held, “Though the advertisement issued by respondent No.2 states that rectification request should be made in writing 15 days before conducting of Physical Efficiency Test/Physical Standard Test, but this cannot be held against the petitioner as she became aware of the discrepancy in her category only on the day of holding of Physical Efficiency Test/Physical Standard Test. Undeniably, the advertisement does carry a stipulation allowing rectification of category entered in the ORA. In these circumstances, the request of the petitioner for allowing her to change her category from Scheduled Caste as mentioned in her ORA to Scheduled Tribe, which is her actual category, deserves to be allowed.”
Advocate Lalit K. Sharma appeared for the Petitioner, while Assistant Advocate General Rajat Chaudhary represented the Respondents.
Brief Facts
The Petitioner's case was that while applying online for the post, with the aid of a Cyber Cafe, her application for category was inadvertently mentioned as Scheduled Caste, whereas she belongs to Scheduled Tribe. Along with the application, a certificate of her belonging to Scheduled Tribe was also uploaded. The Petitioner stated that she was not aware about Scheduled Caste Category having been ticked in her Online Recruitment Application (ORA).
Court’s Reasoning
The High Court stated, “The sequence of facts given above clearly indicates that present is a case of a bonafide and inadvertent mistake committed by the petitioner while filling up her ORA for the post of Constable (Female).”
The Court relied on the decision in Vashist Narayan Kumar v. The State of Bihar (2024), wherein the Supreme Court held, “Whenever any material discrepancy is noticed in the application form and/or when any suppression and/ or misrepresentation is detected, the candidature might be cancelled even after the application has been processed and the candidate has been allowed to participate in the selection process. However, after a candidate has participated in the selection process and cleared all the stages successfully, his candidature can only be cancelled, after careful scrutiny of the gravity of the lapse, and not for trivial omissions or errors. Law does not concern itself with trifles.”
“In the instant case also, the facts as have come on record do not project it to be a case of any misrepresentation on part of the petitioner. It was case of an inadvertent error, a bonafide error, which was committed probably at the end of the Cyber Café whose assistance was taken by the petitioner for filing the Online Recruitment Application. Nonetheless, her category remains the same i.e. Scheduled Tribe Category. Allowing the petitioner to change her category from Scheduled Caste as mentioned in her ORA to Scheduled Tribe, which is her actual Category, is not going to prejudice anyone,” the Bench remarked.
Consequently, the Court ordered, “In view of above discussion, present writ petition is allowed. Respondent No.2 is directed to permit the petitioner to change her category from Scheduled Caste to Scheduled Tribe in her application. The petitioner be permitted to participate in the further selection process as a candidate belonging to Scheduled Tribe Category.”
Accordingly, the High Court disposed of the Petition.
Cause Title: Manjana v. State of H.P. & Ors. (Neutral Citation: 2025:HHC:14299)
Appearance:
Petitioner: Advocate Lalit K. Sharma
Respondents: Assistant Advocate General Rajat Chaudhary; Advocate Vikrant Thakur
