Discrepancy in parent's name on online application form will not take away right to appointment: Jammu and Kashmir High Court

The Jammu and Kashmir High Court recently ruled that discrepancy in the online application form regarding parent's name is not an omission serious enough to take away right to appointment of a person who made such mistake (Gagan Deep v. Union of India). .A single-judge Bench of Justice Sanjeev Kumar in two separate cases directed the Central government to consider the petitioners, Gagan Deep and Deepak Sharma, for appointment to the post of Constable (GD) in the Central Armed Police Forces (CAPFs). "I am of the view that the discrepancy in the name of petitioner‟s father as 'Ram Pal Sharma' instead of 'Ram Paul' is not so serious as would take away his right to appointment, which right the petitioner has earned on the basis of his merit," the Court ordered in Gagan Deep's case. Similar order was passed in Deepak Sharma's case in which the Court held that discrepancy in the name of petitioner‟s mother as 'Neetu Devi' instead of 'Neetu Sharma' will not take away his right to appointment. .The factual matrix of both cases were similar. The Staff Selection Commission had on July 21, 2018 issued a notice of examination for recruitment of Constable (GD) in Central Armed Police Forces (CAPFs), National Investigation Agency (NIA), Secretariat Security Forces (SSF) and Rifleman (General Duty) in Assam Rifles. The same was uploaded on the official website of the Commission on July 25, 2018..The counsel for petitioners advocate Ankur Sharma stated that the petitioners cleared all stages of examination but were not permitted to appear in the medical examination on the ground that in the online applications submitted by them, they had entered mother's/ father's name incorrectly since the matriculation certificate reflected a different name.The petitioners requested the authorities to allow them to correct their mistake which they claimed was made inadvertently but the same was denied prompting them to approach the High Court. .The Court placed reliance on the judgment of the Delhi High Court, in the case of Ravi S Rathod v. Union of India in which the court had directed respondent authorities to consider the candidature of a person in whose case discrepancy had been found with regard to the date of birth entered in the online application form and the one entered in the matriculation certificate.That judgment was followed by the Bombay High Court also in the case of Vipul L Bamane v. Union of India, the J&K High Court said. The present case, the Court said, is squarely covered by those two judgments, the Court ruled. ."This petition is, accordingly, allowed. The name of petitioner‟s father i.e. 'Ram Pal Sharma' as indicated in the online application shall be deemed to be substituted by 'Ram Paul' i.e. the name as indicated in the matriculation certificate of the petitioner. Accordingly, the respondents are directed to consider and appoint the petitioner against the post of Constable (GD) that has fallen vacant due to non-availability/ non-selection of the candidates under ex-servicemen category, the discrepancy noted by the respondents notwithstanding," the Court ordered in Gagan Deep's plea.Similar order was passed in the petition by Deepak Sharma as well. .[Read Orders]