Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 3691/2023 This the 10th day of February, 2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

KULJIT S/o: MR ANAND, VPO LUHARI, TEHSIL BAROUT, BAGHPAT UTTAR PRADESH-250 611 ...Applicant (By Advocate(s): None)

Versus

1. THE DIRECTOR STAFF SELECTION COMMISSION CGO COMPLEX, BLOCK-12, LODHI ROAD, NEW DELHI-110003

2. UNION OF INDIA, THROUGH ITS SECRETARY, GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION, DEPARTMENT OF PERSONNEL & TRAINING, NORTH BLOCK, NEW DELHI-3.

….Respondents SHILPIS HILPI GUPTA GUPT (By Advocate(s): Mr. S N Verma

2026.03.09 Mr. Jayant Singh for +05'30' Dr. C S Khan)

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

It is seen from the record of proceedings that the last appearance on behalf of the applicant was recorded on 22.11.2024. Thereafter, on 06.05.2025, 29.10.2025, and 09.02.2025 even today, no one has appeared on behalf of the applicant.

2. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, whereby the applicant seeks direction from the respondents to permit him to participate in the Trade Test for the post of Constable (Driver) (Male) in the Delhi Police Examination, 2022, and for consequential reliefs.

3. The recruitment to the post of Constable (Driver) (Male) in Delhi Police was conducted pursuant to Notification dated

08.07.2022 issued by the Staff Selection Commission.

3.1. As per Para 6(c) of the Notice of Examination, the essential qualification prescribed was possession of a valid Driving License for Heavy Motor Vehicles (HMV) as of the closing date for receipt of online application, i.e., 29.07.2022.

SHILPIS HILPI GUPTA GUPT

2026.03.09

3.2. The applicant qualified for the Computer Based Examination and thereafter also qualified for the Physical Endurance & Measurement Test (PE&MT).

3.3. During verification prior to the Trade Test, the respondents found that the applicant’s Transport (HMV) Driving License, initially issued on 22.05.2018, had expired on 21.05.2021 and was renewed only on 07.09.2022. Thus, on the crucial date, i.e., 29.07.2022, the applicant was not in possession of a valid HMV license.

3.4. Consequently, he was not permitted to appear in the Trade Test.

4. Learned counsel for the respondents states that the condition of possessing a valid HMV license as on 29.07.2022 is mandatory. The applicant’s license had expired on 21.05.2021 and was renewed only on 07.09.2022. He further states that mere application for renewal does not amount to possession of a valid license, and eligibility conditions cannot be relaxed in the absence of statutory provision.

5. The issue to be considered in the present matter is whether the applicant, who did not possess a valid HMV Driving License as of the closing date of application (29.07.2022), is entitled to participate in the Trade Test?

SHILPIS HILPI6 . It is undisputed that the applicant’s HMV license expired GUPTA GUPT

2026.03.09 on 21.05.2021 and was renewed only on 07.09.2022.

6.1. The recruitment notification clearly mandates possession of a valid HMV Driving License as on the closing date for receipt of online applications.

6.2. The Hon’ble Supreme Court in Ashok Kumar Sharma v. Chander Shekhar (1997) 4 SCC 18 held that eligibility of a candidate must be determined with reference to the last date prescribed in the advertisement, and qualifications acquired subsequent thereto cannot be considered.

6.3. In Civil Appeal No. 8344/2011 in the matter of Bedanga Talukdar v. Saifudaullah Khan, decided on 28.09.2011, Hon’ble Supreme Court had reiterated that the terms and conditions of an advertisement constitute the law governing the selection process and must be strictly complied with.

6.4. Further, in Union of India v. Kali Dass Batish, (2006) 1 SCC 779,the Hon’ble Supreme Court held that courts cannot relax eligibility conditions prescribed in recruitment rules on sympathetic grounds.

6.5 In Civil Appeals No.