SSC CHSL 2015 High Court Judgement Highlights and Clarification

SSC CHSL 2015 High Court Judgement Highlights and Summary

Petitioners: UNION OF INDIA & ORS. (Through: Mr.Ruchir Mishra, Adv.)

versus

Respondent : SUMIT KUMAR (Through: Mr. Ajesh Luthra, Adv. )

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MS. JUSTICE REKHA PALLI

CASE SUMMARY: (W.P.(C.) No.4829/2017)

The respondent/applicant (SUMIT KUMAR) candidature was rejected for SSC CHSL (10+2) Examination, 2015 on the ground that on the cover sheet of his answer sheet, he had not mentioned the medium in which he was taking the examination, i.e. Hindi or English.
He realized his mistake even prior to the declaration of the result, and made representations on 22.09.2016 and 04.10.2016 stating that the medium in which he had taken the examination be treated as English. The final result was declared only on 04.01.2017-failing the Respondent.
There were 489 candidates had failed to fill in the language in which they had answered the question paper and, consequently, their answer sheets were rejected.
The respondent advocate made references of 10s of earstwhile cases where such minor omissions of candidates should not be accepted as an excuse to reject the candidature of the candidate.
The petitioner had submitted that allowing the Respondent's candidature would tantamount to changing the rules of the game, or that the Tribunal or this Court is not authorized to do so, has no merit.
In Tribunal's view the Petitioner should be conscious of the fact that it is dealing with the career of young candidates. They are not being tested for their skill in filling up the Form. They were to be tested with the objective of selecting the best and most meritorious candidates on the basis of the answers given by them in the examination.
The Tribunal (HC of Delhi) find no merit in the instant petition and the same is, accordingly, dismissed. (on 10th August 2017)

Qmaths View:

SSC has waited so long for High Court's Judgement before releasing final result of SSC CHSL 2015.
SSC has not declared the result of 3 persons due to court case and might have reserved seats for them which is indicated from tentative vacancy position.
Result has selected 9194 candidates in CHSL 2015 final result whereas total latest vacancies were 9197.
Although there were 489 such candidates, but benefit of this case will only be given to petitioners.
Since SSC has already declared the result of SSC CHSL 2015 and SSC CGL 2016, it is very unlikely to be affected now.
Stay positive, stay motivated and most importantly stay away from rumors.

The Following Case summary and files have been forwarded to Team Qmaths yesterday (06.09.17) by Advocate of CAT, New Delhi

"In Sumit Kumar Vs Union Of India & Ors, Nitish Kumar Vs Union Of India & Anr and in Avinash Chandra Singh & Ors. Vs Union Of India & Anr these cases are related to SSC examinations in which candidature of the candidates had been rejected on the ground of not mentioning their ‘Medium, Ticket No., Language, Subject, Roll. No. in the answer sheets of Descriptive type examination. Due to this practice of SSC future of many students is at stake. Because it is highly unfair on the part of the SSC to reject the candidature of the candidates only because of some inadvertent error in mention of one or the other particular in the answer sheet. Elimination of candidates should be on the basis of lower merit only but not on the basis of hyper technical grounds. It is not as if the applicant has employed any deceitful means or their intentions are malafide, if they had inadvertently erred in mentioning of a particular in the examination it is completely in consequent to their stress due to exam and desire to finish the exam on time. Moreover, had it been a case of impersonation or deceit or use of unfair means, the SSC would have specifically mentioned so and would have been required to put such candidates on a show cause notice proposing cancellation of candidature. Central Administrative Tribunal agreed with applicant’s contention and allowed the OAs and directed the SSC to evaluate the answer sheet of the applicants.

SSC had filed an appeal against the order of the CAT Delhi. The Hon’ble Delhi High court dismissed the appeal of the SSC on the ground that

“Thus, it is clear to us that not every omission committed by a candidate would have the consequence of his answer sheet being rejected, or being awarded „zero‟ marks. It would depend on the nature of the omission committed by the candidate. The candidates for the examination in question are mere school pass-outs. If there has been a failure on the part of a candidate to fill up the column relating to the medium/ language in which the answer sheet has been written, the same is not such a significant omission, as could not have been remedied by the personnel of the Petitioner itself. All that they had to do was, to turn over a couple of pages and see for themselves the language in which the answer sheet had been answered”.

All similar appeals have been dismissed by the Hon’ble Delhi High Court vide orders dated 10th Aug, 28th Aug and 29th Aug 2017.

Thus these are very relevant judgements for all the candidates who are going to apply or had applied in the SSC exams. These judgements could save the future of so many successful candidates, whose candidature has been rejected only on hyper technical grounds.

So I request you to kindly post these judgements on your portal.

Thanking you "

Click Here to Download the High Court Order (SUMIT KUMAR)

Click Here to Download the High Court Order (AVINASH SINGH)

Click Here to Download the High Court Order (NITISH KUMAR)

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