IMPORTANT POINT
The court emphasized the importance of challenging final orders and the limitations on granting relief not explicitly prayed for by the petitioner.

ORDER

Chandra Dhari Singh, J. (Oral)

1. The instant petition has been filed under Article 226 of the Constitution of India read with Section 151 of the Code of Civil Procedure, praying as follows:

"i. Issue a writ in the nature of mandamus or any other appropriate writ/s, order/s, direction/s, directing the Respondent to set aside/quash the debarment letter dated 05.11.32018 issued by the Respondent and the proceedings, emanating therefrom, allowing the Petitioner to appear in all the future exams to be Conducted by the Respondent. and,

ii. Pass any other order/s or direction/s as this Hon'ble court may deem fit and proper be also awarded to the petitioner and against the respondents in the interest of justice."

2. The relevant facts leading to the filing of the instant petition are as follows:

a. The petitioner participated in the National Defence Academy/Naval Academy Examination II), 2018, which was scheduled for 9th September 2018.

b. It has been stated that during the examination, the petitioner was allegedly caught using a mobile phone and subsequently, was taken into custody.

c. Thereafter, the respondent issued a show cause notice dated 18th September 2018, to the petitioner, however the petitioner failed to respond to the same and afterwards, vide letter dated 5th November 2018, the petitioner was informed about his permanent debarment from future examinations conducted by the respondent.

d. It has been further stated that, during the above said examination, there were other candidates who were debarred in manner similar to the petitioner and accordingly, a combined petition was preferred on behalf of the other candidates. This Court disposed of writ petition bearing W.P.(C) 1205/2019, and batch vide order dated 22nd September 2021, wherein, the Division Bench of this Court noted that as per the order dated 15th September 2021, issued by the Union Public Services Commission (hereinafter "UPSC"), the act of permanent debarment of the other candidates was converted to the actual period of debarment already undergone. Henceforth, the prayer of setting aside of the permanent debarment in the above said batch was held to be infructuous.

e. It has been stated that the present petitioner was under the impression that the observations and decisions made in the above said batch of petitions would also be applicable to him. However, the respondent did not extend the same parameters and quantum of punishment as extended to the petitioners in the above said batch of petitions.

f. Aggrieved by the same, the petitioner herein filed a writ petition bearing W.P (C) no. 9787/2023, before this Court seeking setting aside of his permanent debarment, and vide order dated 26th July 2023, this Court disposed of the said petition with the directions to the petitioner to make a formal representation to the respondent.

g. Consequently, the respondent passed a comprehensive order dated 16th October 2023, wherein, the respondent upheld the petitioner's permanent debarment imposed vide earlier letter dated 5th November 2018.

h. Being aggrieved by the above said decision of the respondent, the petitioner has approached this Court seeking quashing of the letter dated 5th November 2018, vide which the respondent had permanently debarred the petitioner from appearing in the future examinations held by the respondent.

3. Learned counsel appearing on behalf of the petitioner submitted that the impugned letter dated 5th November 2018, is bad in law as the same is violative of the principles of natural justice, and the said letter affects the petitioner's fundamental and legal rights.

4. It is submitted that the petitioner was a minor aged 17 years 3 months at the time of the alleged incident, and the punitive punishment of permanent debarment imposed upon the petitioner by the respondent vide letter dated 5th November 2018, would exclude the petitioner from appearing in any of the exams held by the respondent in future.

5. It is submitted that the above decision of th