1 / 7 2025:CGHC:13561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1480 of 2023 1 Swati Choudhary D/o Shri N.K. Choudhary Aged About 33 Years Resident Of Chopda Gali, Daroga Para, Raigarh Tahsil And District Raigarh Chahttisgarh. ... Petitioner(s) versus 1 Life Insurance Corporation Of India Through Zonal Manager, Central Zonal Office, 60b, Jeevanshika Hoshangabad Road, Pb No. 28, Bhopal (M.P.) 2 Sr. Divisional Manager, Lic Of India Bilaspur Division Lic Office, Magar Para, Bilaspur Chhattisgarh. 3 Institute Of Banking Personnel Selection (Ibps) A Government Of India Autonomous Recruitment Body, Through Its Director, Ibps House 90 Feet, D.P. Road Near Thakur Polytechnic, Off. Western Express Highway, P.B. No. 8587 Kandivali (E), Mumbai, Maharashtra. 4 Tata Consultancy Servises Ion, Limited Through Manager Tata Consultancy Services Ion, Bodri Near High Court, Bilaspur Road, District- Bilaspur Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.25 11:58:46 +0530 2 / 7 For Petitioner : Shri Anup Majumdar, Advocate For Respondents No. 1 to 3 : Shri Mukesh Sharma, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/03/2025 1. By the present petition, the petitioner is seeking following reliefs:- 10.1 That, the records pertaining to the recruitment of the petitioner on the post of LIC Assistant may be called for and Respondents may be directed to store and maintain the records with respect to petitioner's identity for kind perusal of this Hon'ble Court. 10.2 That, the Respondents may be directed to complete the of recruitment of the petitioner on the post of LIC process Assistant after duly verification of her identity and conducting Medical Test. 10.3 That, the Respondent Authorities may be directed to penalise and initiate appropriate proceeding against the respondent persons due to whom the petitioner was unable to join on the post of LIC Assistant, Bilaspur – (C.G.). 10.4. That, the respondent authorities may kindly be directed by the Hon'ble court to properly get the samples of petitioners biometric verification (thumb impression), signature, photograph, CCTV footages recorded during examination dated 22.12.2019, examined by experts by conducting detailed enquiry, with intervention of Police Authorities and Central Finger Print Bureau, also using other methods and techniques for verification. 10.5. Any other relief, which this Hon'ble Court may deemed just and fit in facts and circumstances of the case. 2. The case of the petitioner is that the LIC issued an advertisement dated 17.09.2019 inviting application for 33 posts of LIC Assistant 3 / 7 and the entire examination procedure was to be conducted online basis for which the task was handed over to respondent No. 4/ TATA Consultancy Services. The petitioner applied for the said post and participated in the preliminary examination, wherein the biometric test was conducted of her thumb and thereafter she was allowed to participate in the examination. Further, the petitioner succeeded in the said examination and thereafter she appeared before the authorities for verification of the documents on 27.01.2020, however owing to the technical glitch the verification of biometric test is not completed hence the authorities declined to verify the documents of the petitioner. Thereafter, the petitioner preferred WPS No. 2394/ 2020 which was disposed off by order dated 27.09.2022 with a direction to consider the representation of the petitioner. Thereafter, the petitioner submitted the representation, but the same was decided in a cavalier manner on 27.12.2022. Thus, this petition. 3. Learned counsel for the petitioner submits that the petitioner appeared in the written examination and at that time her thumb impression was matched with the biometric data and thereafter she was allowed to appear in the examination. Since, the petitioner cleared the written examination, she was called for verification of the documents and when she appeared for document verification her thumb impression was not matched with the biometric data and thereafter her candidature was rejected. He would submit that the Reserve Bank of India while issuing the advertisement for certain posts explained about the biometric 4 / 7 verification in a detailed manner, wherein, it is stated that in case of mismatch of biometric data the photographs and signature verification during online examination will be considered for ascertaining the identity of the candidates. He would submit that the respondent authorities do not tried to examine the presence of the petitioner through other alternative mediums of biometric test or any digital verification test methods. 4. Learned counsel appearing for the respondents No.1 to 3 would oppose the aforesaid submission He would submits that to ascertain the identity of the candidate the procedure has been prescribed under the advertisement itself and verification can only be done only by matching the thumb impression only. In support of his contention he would refer clause 11 of the advertisement, which reads as under:- “11. Biometric Data - Capturing and Verification a. The biometric data (right thumb impression or otherwise) and photograph of the candidates will be captured and verified during the process of recruitment on the following stages: (i) At the time of entry and exit during Main examination. (ii) At the time of document verification after the Main Examination for final selection based on merit. (iii) At the time of reporting for the training b. Decision of the Biometric data verification authority with regard to its status (matched or mismatched) shall be final and binding upon the candidates. c. Refusal to participate in the process of biometric data capturing / verification on any of the above mentioned occasions may lead to cancellation of candidature. d. If fingers are coated (stamped ink/ mehandi/ coloured etc.), ensure to thoroughly wash them so that Coating is completely removed 5 / 7 before the exam / time of document verification after final selection/Joining day. e. If fingers are dirty or dusty, ensure to wash them and dry them before the finger print (biometric) is captured. f. Ensure fingers of both hands are dry. If lingers are moist, wipe each finger to dry them. g. If the primary finger (right thumb) to be captured is injured/damaged, immediately notify the concerned authority in the test centre. In such cases Impression of other fingers, toes etc, may be captured. h. Please note that apart from the occasions mentioned above, LIC reserves the right to capture/ verify blometric data of candidates at other stages as well.” 5. None for the respondent No.4, despite deemed service of notice. 6. I have heard learned counsel for the parties and perused the pleadings and documents. 7. It is admitted fact that the petitioner appeared in the preliminary and main examination pursuant to the advertisement by the LIC dated 17.09.2019, wherein the biometric authentication matched but when she appeared for verification of the documents the authorities declined to verify the documents of the petitioner on the ground that the biometric authentication is mismatched, despite the fact that the petitioner submitted the photographs and her signature etc. 8. The High court of Madras in the case of K. Palanisamy Vs. The Zonal Manager, South Zone Officer, Life Insurance Corporation of India and others at para 11 held as under:- “The notification stipulates that both the Photograph and the Biometric data must be identified at every stage of selection. This is only to ensure that there is no impersonation at the time of selection. The 6 / 7 photograph and the biometric data of the petitioner matched at the time of written examination. However, before interview, the biometric data did not match-and it showed as "Not Verified". According to the petitioner, this could be even due to some fault in the machine. Under such circumstances, it is possible for the respondent to verify if the photograph tallies and a decision can be taken in that regard……” (Emphasis added) 9. Reverting to the present case of the petitioner, clause 11 of the advertisement prescribed for biometric data- capturing and verification where the capturing of the photograph is also prescribed for verification. It appears from the pleadings and submission of the petitioner that the thumb impression of the petitioner which has been taken at the initial stage, which is at Pg- 37, it can be seen that the thumb impression has not been properly captured and hence in the subsequent stage of verification of thumb impression of the petitioner by comparing with the thumb impression, which is at Pg-37, the thumb impression of the petitioner is not matching, probably because of the aforesaid reason. Clause- 11 of the advertisement prescribes the biometric data (right thumb impression or otherwise) and photograph of the candidate will be captured and verified during the process of recruitment and hence the photograph of the candidate can also be taken into consideration for verification of the identity of the candidate at the time of verification of the documents. 10. Having considered the fact and circumstances of the case, the respondent authorities are directed to verify the documents of the 7 / 7 petitioner on the basis of her photograph and if the photograph tally, the documents of the petitioner be verified and proceed further, in accordance with law. 11. Accordingly, the writ petition is allowed. Sd/- (BIBHU DATTA GURU) JUDGE Gowri/Jyoti