Delhi High Court Upholds UPSC’s Decision to Cancel Aspirant’s Candidature Over Incorrect Application Form
The Delhi High Court has upheld the decision to cancel the candidature of a Union Public Service Commission (UPSC) aspirant for the Civil Services (Main) Examination due to the submission of an incorrect photograph and signature in her application form.
The petitioner, having successfully cleared the Preliminary Examination, admitted to mistakenly uploading her brother’s photograph and signature. She subsequently contested the cancellation of her candidature at the Central Administrative Tribunal (CAT). However, her plea for interim relief to appear in the Main Examination was denied by the Tribunal.
Endorsing the Tribunal’s decision, the bench comprising Justices V. Kameswar Rao and Anoop Kumar Mendiratta pointed out that candidates are given a seven-day window post the application deadline to rectify any errors. The petitioner, however, did not utilize this provision. Moreover, the court highlighted that she approached the Tribunal nearly 15 days after her candidature was rejected.
The court was informed of the petitioner’s selection to the Indian Revenue Service, which grants her unlimited opportunities to attempt the Civil Services Examination. Therefore, missing the upcoming Mains Examination wouldn’t prevent her from attempting the exam in subsequent years.
UPSC emphasized the mandatory preview process before finalizing the application form and highlighted the seven-day correction window. The Commission argued that the petitioner’s negligence in not rectifying her application meant she shouldn’t be granted any special relief. UPSC further revealed that out of approximately six lakh candidates, around ten faced rejection due to mismatched photographs and signatures. Granting the petitioner any relief would be contrary to Article 14 of the Constitution, as it would provide her an advantage denied to other candidates.
The Commission also noted that the Examination Centre’s decision to let the petitioner attempt the preliminary examination, based on her undertaking, was unauthorized. This was in direct violation of the instructions that prohibit candidates with mismatched details from sitting for the examination.
The High Court observed that the Tribunal had rightly considered UPSC’s instructions, which are rooted in the Civil Services Examination Rules, 2023. These rules are mandatory and must be consistently applied. The court stated,
“We also note the finding of the Tribunal that Note 6(1)(e) of the Examination Rules stipulates uploading irrelevant photo/signature in place of the actual photo/signature would result in disqualification by the UPSC for the examination held under the said Rules.”
The court further remarked on the timing, noting the Main Examination was imminent and any last-minute changes would be logistically challenging. The court emphasized the petitioner’s delay in seeking remedy, stating,
“We reiterate that the petitioner had taken almost 15 days to approach the Tribunal and even the phone call made by the petitioner initially on the receipt of the email from the UPSC was after a period of 18 days which surely suggest, the petitioner should have been more proactive in seeking her remedy.”
Consequently, the Delhi High Court dismissed the writ petition, reinforcing the Tribunal’s order.
Counsel Representation:
- For the Petitioner: Mr. Shivanshu Bhardwaj, Adv
- For the Respondent: Mr. Naresh Kaushik, Mr. Manoj Joshi, Mr. Anand Singh, and Ms. Shikha John, Advs. for UPSC.
