UNION OF INDIA versus MAHENDRA SINGH

UNION OF INDIA versus MAHENDRA SINGH

The candidate's use of a different language in the OMR answer sheet than the language used in the application form violated the express instruction in the advertisement; the prescribed procedure for indicating language must be strictly followed because language choice is relevant to verify identity (handwriting comparison) and maintain probity, and therefore the candidature was rightly rejected.

Parties
Appellant: Union of India; Respondent: Mahendra Singh
Jurisdiction
India
Judgment Date
25 July 2022
Procedural Posture
Civil Appeal / Appeal From the High Court of Judicature at Allahabad
Outcome
Appeal allowed; order of the High Court set aside; writ petition dismissed.
Legal Topics
Application Form Language Requirement, Handwriting Verification, Impersonation, Compliance With Advertisement Procedure
Service Law Recruitment Application Form Language Requirement Handwriting Verification Impersonation Compliance With Advertisement Procedure

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Parties

Union of India

Appellant

Mahendra Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From the High Court of Judicature at Allahabad

Legal Issues

  1. 1 Whether use of a different language in the OMR sheet than in the application form violates the advertisement condition and warrants rejection of candidature
  2. 2 Whether the time gap between filing the application and the examination can render such a discrepancy an inadvertent irregularity
  3. 3 Role of handwriting comparison in verifying identity and preventing impersonation

Ratio Decidendi

The candidate's use of a different language in the OMR answer sheet than the language used in the application form violated the express instruction in the advertisement; the prescribed procedure for indicating language must be strictly followed because language choice is relevant to verify identity (handwriting comparison) and maintain probity, and therefore the candidature was rightly rejected.

Court Disposition

Appeal allowed; order of the High Court set aside; writ petition dismissed.

Orders

  • Appeal allowed