JUDGMENT
Dated this the 06th day of October, 2021
The petitioners are some of the successful candidates in the examination conducted to the post of Constables for various Police and Armed Forces. They had cleared all the three stages of recruitment process which are, the Computer Based Examination (CBE), followed by the Physical Standard Test, Physical Efficiency Test and Detailed Medical Examination (DME). Ext.P1 is the list of candidates selected from Kerala. Ext.P1 related to 62 candidates, whose results were withheld. Petitioners are included in that list. Results are withheld due to technical issues relating to biometric data of the petitioners. It has been forwarded for forensic examination. The results are awaited. According to the petitioners, the biometric data of each candidate is collected during CBE. Biometric data collected includes photographs, finger prints, signatures and
10
Aadhar Card details. It is cross verified when each of them appears for each stage of selection. In case of discrepancy at any stage, 10 photographs, 10 signatures, 10 copies of finger prints and handwriting are taken.
2. The apprehension of the petitioners is that, after having successfully come out through all the stages of tests, their appointment is delayed due to the issue relating to the biometric system. According to the petitioners, the respondents have even collected sufficient materials for further cross verification. According to the learned Counsel for the petitioners, the persons, who got selected along with the petitioners regarding whose biometrics there were no issues, have already commenced training and have undergone substantial part of it. It seems that almost every possible steps have been taken to ensure and confirm the identity of the candidates. It is true that the respondents need a confirmation in the biometric process also. However, that alone
11
cannot stand in the way of the petitioners losing their chance.
3. The learned CGC opposing the application contended that, the FSL report is still awaited and the respondents have to wait till the Forensic Reports are announced. The learned CGC further contended that the petitioners if selected, are ultimately expected to carry out the internal operations and even at the border sensitive areas. Hence, the appointing authority cannot take the chance of any error in identification, will be too risky for the establishment.
4. In the above circumstances, there will be a direction to respondents to expedite the Forensic Examination and to address the laboratory to send the Forensic Reports at the earliest. Pending the above, respondents shall forthwith initiate process for issuing appointment orders to each of the petitioners finally selected. The petitioners shall produce individual notarised affidavits wherein, each shall confirm his / her identity and affix the signature and
12
thumb impression, with reference to their approved records like Aadhar Card or Passport or Driving License. They shall affirm that in case of any impersonation leading to their removal from the Forces, they will accept it and return all the monetary or other benefits which they have received, unconditionally. They shall report at the time and place as directed in the call letter. Respondents shall cross check all requisite documents. After satisfactory confirmation, they shall be appointed provisionally, subject to FSL Report. The entire process shall be completed by the respondents at the earliest. The Writ Petition is disposed of, accordingly.
Sd/-
SUNIL THOMAS
JUDGE
SKP/6-10