Expect Prudence From Aspirants Of Technical Post: Delhi HC Denies Relief To CRPF Candidate For Not Mentioning Work Experience In Application

Though the Petitioner had worked as Male Nurse Staff at a private hospital for more than five years, he was awarded 0 out of 5 marks earmarked in the selection criteria for prior experience.

As per the Petitioner, the application form did not have adequate space to mention the complete work experience details.

The High Court however noted that Clause 11 of the Recruitment Advertisement categorically stipulated that a photocopy of all the relevant documents were required to be attached with the application form.

The Petitioner however neither mentioned the particulars of his work experience in the application form nor had he attached the photocopy of his work experience certificate.

In this backdrop a division bench of Justices C.Hari Shankar and Ajay Digpaul observed,

“the petitioner, being an aspirant to a technical post such as that of SubInspector (Staff Nurse), and possessing the requisite academic qualification of a three and a half years diploma in General Nursing and Midwifery (GNM), ought to have displayed a degree of prudence and clarity in understanding the requirements of the application process…A candidate of reasonable diligence, particularly one trained in a professional nursing discipline, would be expected to understand the purport of this instruction and disclose details relevant to both qualification and experience therein.”

It added, “The petitioner had applied for the post of Sub-Inspector (Staff Nurse) which brings in high stake responsibility and warrants a candidate who carries prudence, and works with great caution. While the petitioner has sought to explain this lapse on the ground that the size of the column did not permit full disclosure, such a contention is unconvincing and does not explain the total absence of any mentioning of experience in a column which explicitly called for the same.”

During the hearing, the Petitioner claimed that as per the Advertisement, screening of original documents was to be done at the time of skill test. Therefore, there was no mandatory requirement to attach the experience certificate with the application form.

Disagreeing, the Court held, “The law with regard to the consideration of a candidate's qualification or experience is well settled that the same will be seen as on the cut off date for submission of application form.”

It conceded that minor procedural lapses or technical irregularities, which do not prejudice the rights of other candidates or compromise the integrity of the selection process, should not be grounds for disqualifying a candidate.

However, in this case, it observed, “A perusal of the application form and the work experience certificate clearly indicate that the day on which the application form was submitted, the petitioner was not in possession of the work experience certificate.”

It added that the last date of petitioner's work experience is much after the date of application form, leading to an inference that the petitioner was not in possession of the work experience certificate on the date on which he had applied for the subject post.

As such, it dismissed the petition.

Appearance: Mr. Nikhil Bhardwaj, Adv for Petitioner; Ms. Sarika Singh, SPC with Mr. Rahul Singh, Adv. for UOI. Mr. Ajay Pal, Law Officer, CRPF

Case title: Sanjay Kumar Yadav v. Union of India & Ors.

Citation: 2025 LiveLaw (Del) 513

Case no.: W.P.(C) 3786/2024

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