Jammu and Kashmir High Court Upholds Rejection of Constable Candidate Over Signature Non-Compliance

Court dismisses Vikki Kumar's plea challenging rejection due to application signed in capital letters contrary to recruitment instructions.

In a significant ruling, the Jammu and Kashmir High Court has upheld the rejection of Vikki Kumar, a candidate for the post of Constable, who was disqualified for signing his application form in capital letters, contrary to explicit instructions requiring a running hand signature. The decision, delivered by Justice Vinod Chatterji Koul, reinforces the importance of adhering to procedural requirements in public employment processes.

The case originated from an advertisement notice dated December 3, 2011, inviting applications for Constable positions across various paramilitary forces, including ITBPF, BSF, CISF, CRPF, and SSB, as well as Rifleman (GD) in Assam Rifles. Vikki Kumar, who met the eligibility criteria, applied for the position and was initially selected, ranking 15th in the select list.

However, his appointment was later rejected due to his signature being in capital letters on the application form, a deviation from the instructions specified in columns 21 and 22 of the recruitment brochure. These columns clearly stated that signatures must be in a running hand, and applications signed in capital letters would be summarily rejected.

Kumar challenged the rejection, arguing that it was illegal and unconstitutional, especially since he met all other eligibility criteria and had been deemed fit for the role. His counsel contended that the rejection lacked justifiable grounds and did not follow due process.

The respondents, represented by Mr. Vishal Sharma, DSGI, and Mr. Eishaan Dadhichi, CGSC, defended the decision, emphasizing that the rejection was based on non-compliance with explicit instructions provided in the recruitment notice. They argued that the instructions were clear, and any deviation warranted rejection to maintain the integrity of the recruitment process.

In its judgment, the court referenced similar cases, including "Avtar Singh v. Union of India" and "Naveen Kumar v. Union of India," where the Punjab and Haryana High Court had upheld similar rejections due to non-compliance with signature instructions. Justice Koul noted that public appointments often attract a large number of applicants, necessitating strict adherence to procedural rules to ensure fairness and efficiency in the selection process.

The court concluded that Kumar's failure to comply with the prescribed signature requirements justified the rejection of his candidature. The judgment emphasized that accepting his plea would undermine the established recruitment process and potentially disrupt the selection of other candidates who followed the instructions.

The ruling serves as a reminder of the critical importance of following procedural guidelines in public employment applications, highlighting that even seemingly minor deviations can have significant consequences.

Bottom Line:

Public employment - Application form for recruitment - Signing in capital letters instead of running hand - Candidature liable to rejection as per instructions in the Brochure.

Statutory provision(s):  

• - Recruitment Advertisement Notice dated 03.12.2011  
• - Columns 21 and 22 of the Recruitment Brochure

Vikki Kumar v. Union of India, (Jammu And Kashmir) : Law Finder Doc Id # 2799513