TMI Blog2022 (7) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... rakhpur, Kolkata, Bhubaneshwar and Chennai. Still further, the OMR answer sheet is bilingual, in Hindi and English, but it would be in some other language if a candidate has chosen a language other than English or Hindi. The answer sheets have to be in the language chosen by the candidate in the application form. It is well settled that if a particular procedure in filling up the application form is prescribed, the application form should be filled up following that procedure alone. This was enunciated by Privy Council in the NAZIR AHMAD VERSUS KING EMPEROR (NO. 2) [ 1936 (6) TMI 11 - PRIVY COUNCIL] , wherein it was held that that where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all. Other methods of performance are necessarily forbidden. Similarly, this Court in MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) VERSUS ABHILASH LAL ORS. [ 2019 (11) TMI 844 - SUPREME COURT ] and OPTO CIRCUIT INDIA LTD. VERSUS AXIS BANK OTHERS [ 2021 (2) TMI 117 - SUPREME COURT ] has followed the said principle. Since the advertisement contemplated the manner of filling up of the application form and also the attempting of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Hindi or English only. The applications were required to be accompanied by a self-attested matriculation certificate as proof of educational qualification and age. The relevant conditions read as under: 8. xxx xxx B. Application form' a) The format of the application form is given in Annexure 'A'. Application forms can be downloaded from the official website of Indian Railways (www.indlanrailways.gov.in) or taken from the Employment News or from this advertisement and submitted on A-4 size bond paper, using one side only and sent to the Nodal Chief Security Commissioner corresponding to the language chosen for the Question Paper. Only one application need be sent. The addresses of the Nodal Chief Security Commissioners, the details of the person in whose favour the Draft/IPO shall be drawn and the place where payable are given below. The languages for the question paper are also shown against each Nodal Chief Security Commissioner for the convenience of the applicants. Group No. Address of the Nodal Chief Security Commissioner Draft/IPO drawn in favour of Place where Payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egory, he filed a writ petition before the High Court of Allahabad. An order was passed by the High Court on 19.10.2016 wherein the matter was remitted to the appellants to reconsider the entire issue, including thumb impression and finger prints that have taken place at various stages of the examination. An opportunity was given to the writ petitioner to make a fresh application which shall be heard by the Chief Security Commissioner. The candidature of the writ petitioner was rejected on 27.1.2017 by the Competent Authority, inter alia, on the following grounds: In compliance to the order of the Hon'ble High Court, the dossier concerned to the petitioner, was scanned and the petitioner was also shown the same. The record signature and handwriting of the petitioner on the following documents have been examined by the Government Examiner of Questioned Documents: - 1. Q-1 Q-1/1 = Signature and Hand writing made on OMR 2. Q-2 = Signature made on PET proforma 3. Q-3 Q-3/1 = S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the year 2011 whereas the examination took place in the year 2013, therefore, the writ petitioner had filled up Column No. 3 of the OMR sheet in Hindi inadvertently on account of time gap between the filling up of the application form and the examination. 9. The question required to be examined herein is to the effect of violation of the condition provided in the advertisement that the application has to be in the language for which the candidates want to attempt the question paper, and what is the effect of using different language in the application form than the OMR sheet. 10. Ms. Madhavi Divan, learned ASG has argued that the use of different language in the application form than what is used in the OMR sheet by itself entails rejection of the candidature. Ms. Divan has referred to a judgment reported as State of Tamil Nadu Ors. v. G. Hemalathaa Anr. [(2020) 19 SCC 430] On the other hand, Mr. Prashant Bhushan, learned counsel for the writ petitioner argued that use of a different language is only an irregularity, though it is admitted that the purpose of using the same language is to avoid impersonation and to ascertain the genuineness of the candidate. Mr. Bhushan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther than English or Hindi. 13. The sole reasoning given by the Division Bench of the High Court of time gap between the filling up of the application form and the examination, and hence inadvertent filling up of OMR sheet in Hindi by the writ petitioner is based on surmises and conjectures. Once the writ petitioner has filled the application form in English, having also signed in English, it cannot be said to be an inadvertent mistake when he has written the para in Hindi. Such writing in different language violates the instruction clearly mentioned in the advertisement. 14. The argument of Mr. Bhushan that use of different language is not followed by any consequence and, therefore, cannot be said to be mandatory is not tenable. The language chosen is relevant to ensure that the candidate who has filled up the application form alone appears in the written examination to maintain probity. The answer sheets have to be in the language chosen by the candidate in the application form. It is well settled that if a particular procedure in filling up the application form is prescribed, the application form should be filled up following that procedure alone. This was enunciated by Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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