- (1.) SUDHIR Agarwal, J. Heard Sri B. N. Singh learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) AS agreed by learned counsel for the parties, this writ petition has been heard and is decided finally at this stage under the Rules of the Court. The only question involved in this case is as to whether rejection of candi dature of petitioner only on the ground that the percentage of marks obtained by her in B. Ed, examination filled in the application form do not tally with the mark sheet of B. Ed, which the petitioner has annexed along with the application form and, therefore, whether cancellation of her candidature merely on the said ground is justified. It is not in dispute that along with application form submitted by the peti tioner seeking admission in Special B. T. C. course he appended marks sheet of B. Ed, examination 2002 showing total marks obtained by him in the said exami nation. Learned counsel for the petitioner contended that according to the marks obtained by him in B. Ed. , as shown in the marks sheet, he was liable to be selected and given admission for Special B. T. C. course but her candidature has been cancelled by the respondents on sheer hyper-technical ground namely that the percentage of marks of B. Ed, mentioned in the application form is not correct. He submits that when the certificate as a proof of showing actual marks obtained by the candidate is being appended along with the application form and the said certificate was not found to be forged or fictitious or otherwise illegal, the candida ture of petitioner ought not to have been cancelled only on the ground that the percentage of marks of B. Ed, have been wrongly mentioned in the application form and it is a sheer indeliberate clerical error.
(3.) IN my view, the submission has substance. INdeliberate human error is always possible in filling up the application form but when the appended docu ment shows something in favour of the candidate, the mere indeliberate human error cannot cause any serious prejudice to the candidate and the credit must be given to the document he appended along with the application form. The writ petition is accordingly allowed. The action of the respondents to the extent of rejection of candidature of petitioner merely on the ground that he has wrongly mentioned percentage of B. Ed, marks in the application form, is declared illegal. The respondents are directed to consider merit position of the petitioner on the basis of the marks she has obtained in various examinations based on the mark sheets appended in the application form and in accordance with the relevant Government Orders within a period of one month from the date a certified copy of this order is produced and in case the petitioner is found to be entitled for admission for Special B. T. C. course, the appropriate further steps shall be taken to give admission to her in her turn accordingly. .;