Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Application form De minimis non curat lex Recruitment Service Law Inadvertent error |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Recruitment – Inadvertent error in application form – Final result reflected failed – Appellant applied for the post of Police Constable – He cleared the written exam and the Physical Eligibility Test – However, the final result reflected him as failed – The only reason was that the application form uploaded online, appellant’s date of birth was shown as 08.12.1997, in the school mark sheet, his date of birth was reflected as 18.12.1997 – Propriety: Held: The appellant’s application uploaded from the cyber cafe did mention the date of birth as 08.12.1997, while his date of birth as recorded in the educational certificate was 18.12.1997 – It is also undisputed that it is the appellant who produced the educational certificates – He was oblivious of the error that had crept into his application form – On the peculiar facts and circumstances of the case, it cannot be said that the error was so grave as to constitute wrong or mis-leading information – There is an exception for trivial errors or omissions as law does concern itself with trifles – This principle is recognized in the legal maxim-De minimis non curat lex – Also, admittedly the appellant derived no advantage as even if either of the dates were taken, he was eligible; the error also had no bearing on the selection process – Considering the background in which the error occurred, the cancellation is set aside and the respondent-State is directed to treat the appellant as a candidate who has ‘passed’ in the selection process. [Paras 11,12,15, 25, 26] |
Judge | Hon'ble Mr. Justice K.V. Viswanathan |
Neutral Citation | 2024 INSC 2 |
Petitioner | Vashist Narayan Kumar |
Respondent | The State Of Bihar & Ors. |
SCR | [2024] 1 S.C.R. 1 |
Judgement Date | 2024-01-02 |
Case Number | 1 |
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