1 S.B. WRIT PETITION NO.2519/2008 Amra Ram Vs. State of Rajasthan & Ors. DATE OF ORDER : 9.5.2008 HON'BLE MR JUSTICE GOVIND MATHUR Mr. J.R. Beniwal, for the petitioner. Mr. B.L. Tiwari, for the respondent-State. **** The candidature of the petitioner for appointment to the post of Constable with Rajasthan Armed Constabulary was canceled by the respondents on the count that the fact about marriage was misrepresented by the petitioner. As per the respondents the petitioner in his application form represented himself as a unmarried youth instead of the fact that he is a married person. I have perused the application form itself. In the application form the petitioner has made a tick mark to represent him as an unmarried person. As a matter of fact, the representation as an unmarried person by the petitioner is of no consequence so far as his selection to Rajasthan Armed Constabulary is concerned. The tick marking against “Unmarried person” appears to be a bonafide error. In general, misrepresentation means, the statement made by a person or a party to a transaction that the thing or fact relating to that transaction in a particular way despite knowing that it is not so. Every 2 misrepresentation is not fraudulent or ill-intended, may that be factually wrong. A bonafide or innocent error deserves to be condoned. For the reasons mentioned above this petition for writ deserves to be allowed. Cancellation of the petitioner's candidature for the purpose of appointment to the post of Constable with Rajasthan Armed Constabulary is declared illegal by accepting this petition for writ. The respondents are directed to appoint the petitioner as Constable in 1st Battalion RAC as a consequent to his selection. No order as to cost. (GOVIND MATHUR),J. Jgoyal