CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, Judicial Member, Rajinder Kashyap, Administrative Member
Darshan Nagar – Appellant
Versus
Delhi Police through Commissioner of Police – Respondent
O.A. No. 2209/2024
| Table of Content |
|---|
| 1. applicants disqualified in arbitrary pe&mt race (Para 1 , 2) |
| 2. demand fair opportunity without discrimination (Para 4 , 6) |
| 3. pe&mt conducted uniformly; process completed (Para 5) |
| 4. no arbitrariness in race conduct established (Para 7 , 8 , 9) |
| 5. post-recruitment interference unwarranted (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 6. oa dismissed; no merit in claims (Para 18 , 19 , 20) |
O R D E R
Hon’ble Mr. RajinderKashyap, Member (A): -
By way of the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have prayed for the following reliefs: -
“(i) To call for the records of the case especially the video footage of the 1600 m race event held by the respondents on various dates between 13.01.2024 till 20.01.2024 for selection to the post of Constable (Exe) Male and Female;
(ii) Hold and declare manner in which the 1600 m race event was held by the respondents to be arbitrary and illegal and violative of set practices which were being followed by the respondents till date;
(iii) Consequently, quash and set aside the disqualification of the applicants herein from the PE&MT [1600m the race event] held by the respondents on various dates between 13.01.2024 till 20.01.2024 for selection to the post of Constable (Exe) Male and Female;
(iv) direct the respondents to reconduct the PE & MT in respect of applicants herein for selection to the post of Constable (Exe) Male and Female and if the applicants qualify, the applicants be given appointment to the post of Constable (Exe) pursuant to the advertisement dated 01.09.2023, with all consequential benefits including seniority & promotion and pay & allowances, if otherwise found fit.
(v) to grant the cost and expenses of the OA in favour of the applicant; and, (vi) To grant any other relief as deemed just and proper by this Hon’ble Tribunal.”
FACTS OF THE CASE
2. As stated by the applicants, the Staff Selection Commission issued an advertisement initiating the selection process for Constable (Executive) Male and Female in Delhi Police Examination-2023 vide notice dated 01.09.2023. In pursuance to the aforesaid advertisement, the applicants filled the online application form for the post of Constable (Exe.) Male and Female. Thereafter, the applicants appeared in Computer Based Examination and upon declaration of the result, the applicants were declared qualified to appear in Physical Endurance and Measurement Test (in short 'PE & MT'). The applicants, in accordance with the prescribed procedure, downloaded the E-admit card from official website for appearing in PE & MT to be scheduled from 13.01.2024 to 20.01.2024 at DPA Wazirabad and DPA Jharoda Kalan.
2.1 It is a matter of record that the event of race of 1600 meters was conducted where the track was measured at 400 meters, thus the applicants had to take 4 laps of the said track. The applicants were divided in a group of 100 participants and were told to participate in race. However, it is alleged by the applicants that the procedure used in demarcation of the track and starting positions of the participants was not correct and therefore, led to large numbers of disqualifications. It is also alleged by the applicants that the participants were placed adjacent/parallel to each other in a straight line on a spherical track, which led to discrimination amongst the applicants as the participant to the extreme right were required to cover greater distance than the participants placed at the extreme left/innermost side. This positioning was in stark distinction from the well settled positioning where participants are placed in a staggered position due to which each participant covers the same distance. While running along the outside of the track, say in the last lane, the athlete will run more than the athlete running along with inside lane of the track. Increasing one‟s lane number by one or running on the next outer lane will increase the distance run on the curve by about 2.5 m. To make up fo



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