Page No.# 1/9 GAHC040013072023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/464/2023 Shri King Kong Dari S/o Shri Adi Dari, village Wessang, P.O Wessang, P.S Seppa, East Kameng, Arunachal Pradesh, Mobile No. 7628915816 VERSUS The State of AP and 4 Others represented by Commissioner/Secretary (Home), Government of Arunachal Pradesh, Itanagar. 2:The Director General of Police Age: 0 Occupation : Police Headquarters Government of Arunachal Pradesh Itanagar. 3:The Inspector General of Police - cum - the Recruitment Chairman Age: 0 Occupation : Police Headquarters Government of Arunachal Pradesh Itanagar. 4:The Assistant Inspector General of Police Age: 0 Occupation : Police Headquarters Government of Arunachal Pradesh Itanagar. 5:The General Secretary Page No.# 2/9 Age: 0 Occupation : All Arunachal Pradesh Carrom Association (AAPCA) with its registered office at Rajiv Gandhi Stadium Naharlagu Advocate for the Petitioner : T T Tara, Kirmani Lollen,Y Mugli,Riya Sarkar,Khoda Apa,Terji Kamchi,Gamken Bam Advocate for the Respondent : Mr. N. Ratan, AAG for the State. GA (AP), :::BEFORE::: HONOURABLE MR. JUSTICE KARDAK ETE JUDGMENT & ORDER (ORAL) Date : 03-07-2025 Heard Mr. T.T. Tara, learned counsel for the petitioner. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents. 2. Challenge made in this writ petition is to the communication No. PHQ/PER-90/2022 (VOL-II)/1265 dated 01.08.2023 by the Assistant Inspector General of Police (E) PHQ, Itanagar, by which, it has been informed that the candidature of the petitioner has been rejected having found that the Original Form-2 which was submitted along with the application form has no stamped official seal of the Secretary of the concerned Association in terms of the advertisement dated 29.06.2018 for recruitment of various posts under sports quota against Civil Police, AAPBn and IRBn in Arunachal Pradesh Police. 3. The fact of the case is in narrow compass, which is to the effect that Page No.# 3/9 the petitioner is a recognised Carrom player under the All Arunachal Pradesh Carrom Association. The petitioner is stated to have represented the Arunachal Pradesh in 41st Senior National and Inter-State Carrom Championship held at Jeevan Deep Educational Institute Campus, Bada Lapura, Chandmari Mohalla, Varanasi, Uttar Pradesh organised by All India Carrom Federation and also represented the State in 42nd Senior National and Inter-State Carrom Championship 2012-2013 held at Padma Bhusan Nagnath Anna Desai Nayakwad Krantivir Cup. To that effect All India Carrom Federation has issued a certificate dated 12.011.2022. 4. The Director General of Police, Arunachal Pradesh vide an advertisement dated 29.06.2018 invited application from eligible candidates of meritorious sports person who have represented the State of Arunachal Pradesh for recruitment of various posts under sports quota against Civil Police, AAPBn and IRBn in Arunachal Pradesh Police for filling up of 98 post including the posts of constable. Pursuant to the said advertisement, the petitioner being a Carrom player and eligible sport person, a Carrom game being listed at serial no.12 of the advertisement, has applied for the post of constable under meritorious sports quota by submitting application along with all the required documents in prescribed format. 5. It is the contention of the petitioner that after the scrutiny of the applications of all the candidates, the application of the petitioner was accepted and accordingly, his name appeared at serial No.127 of the list. Vide notice dated 03.05.2023, the Assistant Inspector General of Police (E) Page No.# 4/9 PHQ, Itanagar, had issued a call letter to the petitioner to appear for Physical Standard Test/Physical Efficiency Test on 09.06.2023 at PTC, Banderdewa. The petitioner claims to have appeared and cleared the Physical Standard Test/Physical Efficiency Test, however, he was informed telephonically that his candidature has been rejected for the selection to the post of constable without assigning any cogent reasons. Being aggrieved, the petitioner submitted representation vide dated 10.07.2023. 6. The Assistant Inspector General of Police (E) PHQ, Itanagar, vide impugned communication dated 01.08.2023 has informed the petitioner that after examination of the representation and consideration of the matter, his candidature has been rejected on the ground that Original Form-2 submitted by the petitioner along with the application has no stamped official seal of the Secretary of the concerned Association. Hence, this writ petition. 7. Mr. T.T. Tara, learned counsel for the petitioner submits that serial No.5 of Schedule of the advertisement dated 29.06.2018 prescribed at forms No.1, 2, 3 and 4 regarding Medal achievement certificates should be accompanied with the enclosures and the certificate will valid only when signed personally by the Secretary National Federation/National Association, Secretary of the State Association, Officer in over all charge of sports in the University and Director of Addl/Joint or Dy. Director in over all charge of sports/games for schools in the Directorate of Public Instruction/Education of the State. 8. He submits that the petitioner has substantially complied with the Page No.# 5/9 terms and conditions of the advertisement by submitting all the relevant documents and the advertisement does not provides that the Form-2 issued by the Secretary of the concerned sport organisation should have stamped seal. He submits that the absence of the seal inadvertently in the certificate issued by the Secretary of the State Association, if at all, is a trivial one which could have been ignored. More so, the Secretary of the State Carrom Association vide certificated dated 04.01.2024 has clarified that he has issued the Form-2 certificate dated 22.07.2017 in favour of the petitioner. Therefore, Mr. Tara, learned counsel for the petitioner submits that since the ground of rejection of the candidature of the petitioner is trivial one, the respondent authorities may be directed to consider the candidature of the petitioner and to allow him to participate in the recruitment process for appointment to the post of constable under sports quota in the Arunachal Pradesh Police in terms of the advertisement dated 29.06.2018. 9. In support of his submissions, Mr. T.T. Tara, learned counsel for the petitioner has placed reliance upon the judgment of Hon’ble Supreme Court in the case of Vashist Narayan Kumar Vs. State of Bihar and Others, reported in 2024 SSC online SC 2, to submit that the ground of rejection of the candidature for not putting the office seal in the Form-2 is trivial in nature. 10. On the other hand, Mr. N. Ratan, learned Additional Advocate General representing the State respondents, submits that in Form-2, there is a specific mention in the format wherein signature, name, designation, name of State Association, address and the seal are to be Page No.# 6/9 given. Therefore, it is mandatory that the Form-2 should be completed in all aspects as per the guidelines before the submission of the application. Since, the Form-2 submitted along with the application by the petitioner does not bear seal of the certified authority, the respondent authorities have rightly rejected the candidature of the petitioner. Therefore, writ petition is liable to be dismissed. 11. Due consideration has been extended to the submissions of the learned counsel for the parties and also perused the materials available on record. 12. The admitted facts are that the Director General of Police, Arunachal Pradesh vide advertisement dated 29.06.2018 invited applications from the eligible candidates from meritorious sports person who have represented the State of Arunachal Pradesh for the recruitment of various posts including the posts of constable under sport quota against Civil Police, AAPBn and IRBn, pursuant to which, the petitioner had applied for the post of constable being a meritorious sports person in the game of Carrom. It is also admitted position that the petitioner has submitted Form-2 along with the application, which has signature, name, designation, name of the State Association and the address, however, without stamped official seal. The rejection of the candidature of the petitioner is on the ground of not bearing the stamped official seal of the State Association as required in the Form-2. 13. Note in the Form-2 clearly indicates that the certificate will be valid only when signed personally by the Secretary of the State Association. The Page No.# 7/9 Form-2 submitted by the petitioner clearly indicates absence of stamped official seal of the State Association. 14. Having considered above, the rejection as such may not be illegal, however, since the concerned Secretary of the State Carrom Association, although subsequently, issued a certificate confirming and clarifying that said Secretary State Carrom Association has issued the Form-2 certificated dated 22.07.2017 in favour of the petitioner, in my considered view, it may be an inadvertent failure to put the official seal in the Form-2 which can be considered as trivial error. It cannot be said that the error was so grave as to constitute wrong or misleading information and there is no records to indicate that the respondents has doubted the certificate and had rejected treating the error having some foul play by the petitioner. 15. As held by the Hon’ble Supreme Court that the exception for trivial errors or omissions is for the reason that law does not concern itself with trifles, a recognised principle in the legal maxim- De minimis non curat lex. In the case at hand, if the certificate itself is doubted and the State Association had not actually put the official seal having been doubted the genuineness of the certificate, the matter would have been different. However, it is neither the stand of the respondent authorities nor it is discernible from the record, except the stand of the respondent to the effect that since the Form-2 requires the official seal and the same does not contain the stamped official seal which is mandatory in terms of the advertisement dated 29.06.2018. Thus, it would not be appropriate to reject the candidature of the petitioner on such trivial error. Page No.# 8/9 16. In view of the discussion made herein above, I am of the considered view that the rejection of candidature of the petitioner on the ground of not having the stamped official seal of the concerned State Association is too harsh as the certificates of the petitioner, showing having been represented the State, are not disputed and thus, the inadvertent omission to put the official seal by the State Association in the Form-2 cannot be attributed to the petitioner. Moreso, the Secretary of the State Carrom Association, although subsequently, has clarified and confirmed that the certificate in Form-2 was issued in favour of the petitioner. Thus, the rejection of the candidature of the petitioner is held to be on trivial error. Accordingly, the rejection of the candidature of the petitioner communicated vide impugned communication dated 01.08.2023, is hereby set aside and quashed. 17. Consequently, it is directed that respondent authorities shall re- consider the case of the petitioner for appointment to the post of constable under sports quota pursuant to the advertisement dated 29.06.2018 and shall allow him to undergo in the recruitment process that may be initiated as per the relevant rules and guidelines in vogue, provided he is not disqualified other than the ground of absence of stamped official seal in Form-2. The exercise as directed shall be completed within a period of 2(two) months from the date of receipt of certified copy of this order. 18. In the result, the writ petition stands allowed and disposed of. Cost(s) made easy. Page No.# 9/9 JUDGE Comparing Assistant