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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Sunil – Appellant
Versus
Delhi Subordinate Selection Service Board (Government of NCT Delhi) – Respondent
W.P.(C) 11247 of 2019
Decided On : 20-02-2023
Admit Card - Examination - The court dismissed the writ petition seeking directions to issue an admit card for an examination, as the admit card was issued and the petitioner had already participated in the examination. The petitioner's failure to qualify the examination rendered the petition infructuous.
Fact of the Case:
The petitioner filed a writ petition seeking directions to issue an admit card for an examination for the post of Lower Division Clerk with the Municipal Corporation. The petitioner had initially faced technical issues accessing the link for the online examination.
Finding of the Court:
The court found that the limited grievance of the petitioner, which was the issuance of the admit card, had been redressed as the admit card was subsequently issued and the petitioner had participated in the examination. The petitioner's failure to qualify the examination rendered the petition infructuous, and no further orders were required.
Issues: The main issue was the petitioner's request for directions to issue an admit card for the examination.
Ratio Decidendi: The court's decision was influenced by the fact that the limited grievance of the petitioner had been addressed, as the admit card was issued and the petitioner had participated in the examination. The petitioner's failure to qualify the examination rendered the petition infructuous, leading to the dismissal of the writ petition.
Final Decision: The writ petition was dismissed as infructuous, and the pending application was disposed of accordingly.
JUDGMENT
Jyoti Singh, J. (Oral)
C.M. APPL. 46317/2019 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 11247/2019 & C.M. APPL. 46316/2019 (interim measure)
3. Present writ petition has been filed seeking the following reliefs:
"a) Direct the Respondent to allow the petitioner to appear for the exam to be conducted on 24.10.2019 &25.10.2019; and/or
b) Direct the respondent to issue an Admit Card to the petitioner and thereby allowing him to successfully appear for the exam for the post of Lower Division Clerk post code 51/13; and/or
c) Direct the respondent to allow the petitioner to join the service for the post of LDC, if the petitioner succeeds in the said exam and fulfill all other parameters;"
4. This Court vide order dated 21.10.2019, without prejudice to the rights and contentions of the parties, had given liberty to the Petitioner to approach the Comptroller of Examinations on 22.10.2019 at 10.30AM.
5. Ms. Ahlawat, learned Standing Counsel for the Respondent submits that subsequently admit card was issued to the Petitioner since the limited grievance of the writ petitioner was that on account of technical error, he was unable to access the link of the website, for the online examination, notified by an Advertisement No. 3/2013 dated 12.09.2013 for filling up various posts including the post of Lower Division Clerk with the Municipal Corporation for which the Petitioner was an applicant.
6. Ms. Ahlawat, further submits that after the admit card was issued, Petitioner had appeared in the examination held on 24.10.2019 and 25.10.2019 and has secured only 9.86 marks out of a total of 200 marks and has therefore failed to qualify the examination.
7. Since the writ petition was filed seeking a limited relief of directions to the Respondent to issue the admit card, the grievance stands redressed as the admit card was issued to the Petitioner and in fact he has also participated in the examination. Additionally, the Petitioner has failed to qualify the examination and in this view no further orders are required to be passed in the writ petition which is accordingly dismissed as infructuous.
8. Pending application stands disposed of accordingly.
The court's decision was based on the principle that once the limited grievance of the petitioner had been redressed, and the petitioner had participated in the examination, the failure to qualify th....
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Candidates participating in a selection process cannot later challenge its terms after being declared unsuccessful; acceptance of terms is binding.
Petitioner's failure to timely upload required documents and seek relief from the proper forum leads to dismissal of the application for extraordinary entry into examination.
The power of writ courts under Article 226 of the Constitution of India has to be exercised sparingly in academic matters, limited to cases where actions borne out of malafide or arbitrariness etc. a....
Courts should refrain from intervening in factual disputes in writ petitions and should only annul/cancel competitive exams with sufficient evidence of misconduct or negligence.
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