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2025 DAILYLAW 107372 (ALL)

SUNIL v. UNION OF INDIA AND 3 OTHERS

WRIA/17935/2024 · 2025-04-03

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47542 Court No. - 4 Case :- WRIT - A No. - 17935 of 2024 Petitioner :- Sunil Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- A.S.G.I.,Dhurva Kant Chaturvedi Hon'ble Ajit Kumar,J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for petitioner and Shri Dhurva Kant Chaturvedi, learned counsel appearing for respondents. 3. By means of this petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 28.10.2024 whereby his candidature for the post of Constable (G.D.) in Central Armed Police Forces (CAPFs), SSF and Rifleman (G.D) in Assam Rifles, 2024 has been rejected only on the ground that petitioner's application contained the name of his mother as Kusum whereas in the high school certificate it is printed as Kusum Devi. 4. It is submitted by learned counsel for petitioner that Kusum is the first name of the mother of the petitioner and the father's name of petitioner is Hari Ram and there is no dispute regarding the parentage of the petitioner because the the high school certificate carries the name of father as Hari Ram but the name of mother is shown as Kusum Devi. In these circumstances, therefore, it is argued that respondents were not justified in cancelling the candidature of the petitioner only on the ground that the details of the name of the mother of the petitioner were not there present on the application. The high school certificate, it is submitted that is not doubted at all and there is no adverse verification report regarding the credentials of the petitioner and academic records. 5. Upon a pointed query being made, learned Standing Counsel appearing for the Staff Selection Commission submits that except for the fact that the word Devi which is suffix to the primary name Kusum is not there in the application otherwise there was no dispute regarding parentage of the petitioner. Similar stand has also been taken in various paragraphs of the counter affidavit. The class-X certificate, class-XII certificate, OBC certificate and domicile certificate also show the name of mother of petitioner as Kusum Devi and not Kusum for which petitioner's candidature has been rejected. 6. In my considered view petitioner has not played any fraud, nor his academic records have been doubted even after verification. In such circumstances, therefore, merely because mother's name has got typed as Kusum in the application form instead of her full name as Kusum Devi, the candidature of petitioner was not liable to be rejected. Father's name stands admitted to be Hari Ram which is also there in the high school certificate. It is therefore, clear that the mother's name of petitioner is Kusum Devi and father's name is Hari Ram so there is not dispute regarding parentage of the petitioner. 7. In such circumstances, therefore, I do not find it to be such a case where candidature of petitioner's deserved rejection. 8. Accordingly, this petition succeeds and is allowed and the order dated 25.10.2024 rejecting the candidature of petitioner for the post Constable (G.D.) in Central Armed Police Forces (CAPFs), SSF and Rifleman (G.D) in Assam Rifles, 2024 of is hereby quashed. Respondents are directed to consider the candidature of petitioner, in accordance with law and to permit him participation in the selection process. Order Date :- 4.4.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad