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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Govt. of NCT of Delhi – Appellant
Versus
Pawan – Respondent
| Table of Content |
|---|
| 1. writ petition against tribunal order. (Para 2 , 3) |
| 2. tribunal's reasoning and findings. (Para 4) |
| 3. conclusion and dismissal of writ petition. (Para 5 , 6) |
JUDGMENT
Rajiv Shakdher, J.: (ORAL)
CM No.20764/2021
1. Allowed, subject to just exceptions.
W.P.(C) 6611/2021 & CM No.20763/2021 [Application filed on behalf of the petitioners seeking stay on the operation of the impugned order]
2. This is a writ petition directed against the order dated 20.01.2021, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (in short `the Tribunal') in O.A. No. 4312/2016.
3. The only issue, which arose for consideration, before the Tribunal was as to: whether the respondent should be denied his right of appointment for the post of Assistant Superintendent, Delhi Prisons (Post Code 38/13) as he had not participated in the Physical Education Test (PET) on the assigned date?
3.1. The Tribunal has returned a finding of fact that a postal notice dated 11.07.2016, with regard to the date on which the test was to be held, was sent to the respondent. The said notice had set out that the PET was scheduled to be held on 12.07.2016. For the sake of convenience, the
The court affirmed the principle that candidates must receive timely notification of appointment tests to ensure fairness in the selection process.
In the absence of a specific provision allowing for a second chance for the PET in the recruitment process for Constables, the Court cannot grant such a chance to candidates who missed the PET due to....
The court emphasized the duty of the respondents to consider the petitioner's request to participate in the Physical Endurance Test (PET) in light of the injury and medical evidence.
It is the duty of the candidates to be vigilant and check the official portal for information regarding examination schedules and admit cards.
Provisional participation in interview pending fresh action before the Tribunal
The importance of considering the prima facie case, balance of convenience, and potential harm in granting interim relief, and the need for a reasoned interim order.
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
The court highlighted the necessity for the Tribunal to provide adequate reasoning when issuing interim orders and the importance of defining the crucial date based on recruitment rules.
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