A person who has participated in an examination process cannot challenge the process later.

JUDGMENT :

V. Kameswar Rao, J.

The challenge in this petition is to an order dated September 9, 2020 passed by the Central Administrative Tribunal (‘Tribunal’, for short) in OA 393/2020, whereby the Tribunal has disposed of the OA by stating the following in paragraph 11 of the order:

“11. In view of the above discussion we find no merit in the contentions of the applicants. However, in the interest of justice, fair play and for providing a level playing field it is directed that in case the respondents conduct another test of computer to fill the remaining vacancies, the applicants shall also be permitted to take part in it. The OA is, accordingly, disposed of.”

2. The grievance of the petitioners before the Tribunal primarily was with regard to the selection carried out by the respondent No. 2 for the post of Assistant Grade-III in Delhi Transco Limited.

3. It was their case that they have applied for selection to the said post in response to an advertisement dated September 12, 2013. They appeared in the written examination on September 24, 2017. Thereafter a notice dated December 17, 2018 was issued by the respondent No. 2 asking the candidates to appear in the skill test to be held from January 4, 2019 to January 6, 2019.

4. It was their case that no standards were prescribed for the skill test. Further on January 2, 2019 another notice was issued specifying the required typing speed in English and Hindi on computer. It was their case before the Tribunal that specifications were put just two days before the skill test was held without giving any opportunity of preparation. The petitioners had no option but to appear. This according to the petitioners was not a reasonable opportunity.

5. The case of the respondents before the Tribunal was, the advertisement envisaged holding of skill test relating to computers. They have further justified the prescription of the minimum typing speed by referring to parity between the post of Assistant Grade-III with that of Grade-IV (DASS) of Services Department, Govt. of NCT of Delhi. It was also stated that the public notice dated December 17, 2018 specifically stated that a typing test for the post shall be held between January 4, 2019 to January 6, 2019 and the notice dated January 2, 2019 was issued prescribing the typing speed. The Tribunal in paragraph 9.5, 10 and 11 has held as under:

“9.5. The key question is whether the Public Notice dated 02.01.2019 in any way changes the criteria laid down in the Notice of 17.12.2018. The Notice of 17.12.2018 clearly states that a Skill Test (Short Hand/Typing) will be held. This, read in addition to and in conjunction with the position as specified in the Notice of 12.09.2013, puts any controversy in this regard squarely to rest.

10. A comprehensive reading of all the three documents referred above reveals an inherent consistency between them. Knowledge of computer operation cannot be independent of the ability to operate the keyboard. And this ability essentially includes the attribute of speed. Further, MS Word is a part of MS Office. And if one is required to have complete knowledge of

MS Office, how can he or she shy away from MS Word, which essentially is about typing and raise the plea that typing speed is an extraneous and non-essential requirement?

In view of the above discussion we find no merit in the contentions of the applicants. However, in the interest of justice, fair play and for providing a level playing field it is directed that in case the respondents conduct another test of computer to fill the remaining vacancies, the applicants shall also be permitted to take part in it. The OA is, accordingly, disposed of.”

6. Mr. Sourabh Ahuja, learned counsel appearing for the petitioners reiterates the submissions as were advanced before the Tribunal. Additionally, he states that on December 18, 2019 a notice was issued whereby persons who were below in merit in the written examination were called for the skill test by giving a prior notice of