To Err Is Human: Karnataka HC Grants Relief To SC Category Candidate Who Wrongly Submitted KPSC Job Application Under ST Category

The Karnataka High Court has directed the Karnataka Public Service Commision to rectify the error made by a job applicant who had wrongly filled the application form under the Scheduled Tribe category instead of Scheduled Caste to which he belongs and regulate the provisional/final select list in accordance with his merit. This Court would not turn a deaf ear to a cry of a Scheduled Caste candidate who has scored high marks, despite the trials and tribulations throughout that they face to lose the opportunity of getting selected for trivial reasons.” Further it said “The Commission ought to have corrected the trivial human error when the petitioner pointed it out at the time of document verification. The Commission could have corrected the error at that time.” Further it added “This human error is glorified by the Commission by declining to accede to the request for change of category at the time of document verification.” Noting that the petitioner has secured high marks and would definitely come within the zone of consideration, if he was treated as a Scheduled Caste candidate. The bench said “The glorification of a trivial human error has resulted in loss of appointment to the petitioner, a Scheduled Caste candidate.” It then opined “A triviality cannot take away the right of a Scheduled Caste candidate for consideration of his case as a candidate belonging to Scheduled Caste.” Accordingly it allowed the petition.