Jammu & Kashmir High Court upholds denial of job to candidate who signed in capital letters

The Jammu & Kashmir and Ladakh High Court recently upheld the rejection of appointment of a candidate as a constable with the Indo-Tibetan Border Police (ITBP) [Vikki Kumar v/s Union of India and Anr].

Justice Vinod Chatterji Koul found that the candidate Vikki Kumar had signed his application form in capital letters, which was not in accordance with the instructions contained in the notice of examination.

"There is no dispute regarding the fact that the petitioner has signed the application form in capital letters, which is contrary to the instructions contained in Colum 21 and 22 of the Brochure which specifically provide that signature of the candidate must be in running hand and that an application signed in capital letters shall be liable to be rejection. It is thus, evident that the petitioner has failed to comply with the prescribed requirements as contained in column 21 & 22 of the Brochure therefore his form was not in conformity with the instructions," the Court observed.

Kumar, belonging to the Scheduled Caste category, had applied in response to the advertisement dated December 3, 2011, inviting applications for the post of Constable in ITBTF, BSF, CISF, CRPF, SSB, and Rifleman (GD) in Assam Rifles.

Vikki successfully cleared the selection process and figured at Serial No. 15 in the select list. However, his appointment was later cancelled on the ground that he had signed the application form in capital letters instead of running hand as required by the recruitment brochure.

Kumar's counsel argued that the rejection was arbitrary and unconstitutional, particularly when he had met all the eligibility criteria and had been found fit for appointment.

However, the Union government counsel submitted that the instructions in the brochure clearly stipulated that signatures in capital letters would lead to summary rejection.

Taking note of the instructions contained in the Brochure for filling up the application form, the Court found the petition to be without any merit and dismissed it.

Advocate Anil Gupta appeared for the petitioner.

Deputy Solicitor General of India Vishal Sharma with Central Government Standing Counsel Eishaan Dadhichi appeared for the Union of India.

[Read Judgment]