Petitioner challenged failure of appointment as Assistant Teacher due to incomplete data entry by Staff Selection Commission. Court dismissed writ petition, holding absence of name in database presumes application not timely received.
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Patna High Court CWJC No.14041 of 2012 (2) dt.22-08-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14041 of 2012 ====================================================== 1. Inderdeo Prasad Singh S/O- Late Dhuri Singh Resident Of VillageKaothawa P.S.- Shekhpura, District- Shekhpura
.... .... Petitioner/s Versus 1. The Secretary, Bihar Staff Selection Commission, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Purushottam Jha. For the State : Mr. Ashok Kumar Keshri, AAG-I For the Commission : Mr. Awadhesh Prasad Sinha. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 22-08-2012 Heard learned counsel for the petitioner, State and for the Bihar Staff Selection Commission (hereinafter referred to as the Commission).
Learned counsel for the petitioner submit that his application for appointment on the post of Assistant Teacher by inclusion within the list of 34540 persons did not materialize due to error in Data entry by the Commission. Only his name finds place and other details with regard to his parentage, reserved status etc. does not appear to have been properly fed as informed to him under the Right to Information Act.
Counsel for the Commission submits that under the Right to Information Act, the Commission intimated that in his representation he had only mentioned his name and no other details. He was requested to furnish the same. The Commission did not acknowledge that his name figures in the Data Base with
Patna High Court CWJC No.14041 of 2012 (2) dt.22-08-2012
only other details missing. He relies upon an order in C.W.J.C. No. 12517 of 2012 that if the application did not reach the Commission through post by the last date, the Commission is under no obligation to consider the objections.
If the name of the petitioner finds place in the Data Base of applicants, it presupposes receipt of the application in time when the Commission may be obliged to consider his other objections with regard to future vacancies.
But, if the name of the petitioner does not figure in the Data Base at all, let alone absence of any further details with regard to him, it may raise a presumption for non receipt of his application through post within the time prescribed when the Commission may be under no obligation to consider his objections.
If the petitioner demonstrates that his application was received by the Commission before the last date prescribed, surely the Commission is required to consider his objections appropriately so that he is not prejudiced in context of consideration for future vacancies.
The application is dismissed.
(Navin Sinha, J.)
Md. Ibrarul/-
1 issue framed by the court
Whether the petitioner can obtain appointment as Assistant Teacher when his application details were not fully entered in the Commission database due to alleged clerical error.
Inderdeo Prasad Singh
The Secretary, Bihar Staff Selection Commission, Patna
Navin Sinha
As recorded by the court registry
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