Punjab and Haryana HC denies relief to judiciary candidate who mistakenly declared he has more than one wife

The Punjab and Haryana High Court on Tuesday declined to grant relief to an advocate who, in his application for the post of Additional District & Sessions Judge in Haryana Superior Judicial Service, mistakenly declared that he has more than one wife [Pardeep Kumar v State of Haryana and Another].

According to the notification issued for filing up 25 posts through direct recruitment from the Bar, a candidate with more than one spouse is not eligible for the district judiciary service. There was a column regarding it in the application and a candidate was required to declare 'yes' or 'no'.

The petitioner, advocate Pardeep Kumar, mistakenly wrote 'yes' in the said column while filling up the application.

The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry rejected his plea challenging the rejection of his candidature on this ground.

"You yourself state that you have two wives. How do they know whether you have one wife or two wives or three wives? It is for you to declare. If you declare it wrongly, then what is their fault in cancelling your candidature," Chief Justice Nagu remarked.

Advocate Mazlish Khan, representing Kumar, submitted that he would get no benefit by the mistake and that the examination was yet to be held. Khan further submitted that the mistake was inadvertent and sought permission to give exam scheduled to be held on September 19.

However, the counsel representing the High Court pointed to the recruitment notification clauses which made it clear that no request for any change in the application form shall be entertained at later stage and that candidates will be responsible for any mistake committed in the application form.

The bench said once a candidate has made a wrong assertion, he would have to prove otherwise.

"You will have to give proof you don’t have two wives. How do you do that," the Court asked.

The petitioner argued that since he has mentioned the name of his wife, it should be presumed he has only one wife.

However, the Court rejected the argument.

It further remarked that competitive exams are complex and timelines for it must be adhered to.

Consequently, the Court proceeded to dismiss Kumar's petition.

"A candidate has to be extremely careful and vigilant while filing his application form and slightest of mistake can entail cancellation of his candidature. In competitive exams, it is extremely important to adhere to the timelines and no process can be stalled or delayed due to an inadvertent mistake of any candidate.... In view of the above and the law laid down by the apex court... this Court cannot help the petitioner and the present petition stands dismissed," it said.