Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 467/2023 Reserved on :- 11.02.2026 Pronounced on:- 12.03.2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

Vijay (age 28 years)

S/o sh. Bijender R/o h. No. 189, v.p.o. Bhainsru khurd (31), Bhansro kalan, tehsil – Sample, District rohtak, Haryana – 124501.

...Applicant (By Advocate: Mr. Bajinder Singh)

Versus

1. Through the Secretary Delhi Subordinate Services Selection Board, Govt. Of NCT Of Delhi, FC-18, Institutional Area, Karkardooma, Delhi – 110092.

2. The Secretary, Delhi Fire Service Department, Govt. Of NCT Of Delhi, H.Q. 205,1205, Barakhamba Road, New Delhi – 110001.

…Respondents (By Advocate: Ms. Purnima Maheshwari)

ORDER Hon’ble Mr. Manish Garg, Member (J) :

In the present O.A., the applicant has prayed for the following reliefs:

“8.1) To modify the result of the driving skill test published on 28.12.2022 qua the applicant to the extent that the applicant has not been shortlisted.

8.2) To modify the final (provisional) selection list published on 09.02.2023 qua the applicant to the extent that the applicant has not been considered.

8.3) To modify the minimum qualifying marks for the driving skill test conducted from 31.05.2022 to 01.08.2022 and the said result published on 28.12.2022 as arbitrary, disproportionate, unreasonable and in violation of Part 3rd of the Constitution, to the extent the applicant has not been shortlisted on that account.

8.4) To call for the entire record of the driving skill test, including videography, mark sheet on which the applicants have been awarded marks, and all communications/guidelines/instructions concerning the conducting of the driving skill test, and further to subject the videography to forensic test for ruling out any manipulation in the said videography.

8.5) Any other relief/direction which the Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the matter and in the interest of justice.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted that the present Original Application has been necessitated due to arbitrary, opaque and mala fide conduct in the driving skill test conducted on 27.07.2022 at S.D.T.I., Burari. It is contended that although the applicant successfully performed all prescribed manoeuvres and had legitimate grounds to expect qualification, he was declared unsuccessful by a narrow margin of two marks against an undisclosed benchmark of 48 out of 80 marks, more than

50%, which was never notified in the advertisement or communicated at any stage, thereby changing the rules of the game midstream.

2.1. Learned counsel further submitted that the marking process was left to the unfettered subjective discretion of the concerned instructor without any published guidelines, parameters, or prescribed major/minor faults, rendering the evaluation arbitrary and violative of Articles 14, 19 and 21 of the Constitution.

2.2. Learned counsel contended that the instructor unlawfully obtained the applicant’s signature twice, once during the test and again later in the theory hall, by misleading him, raising serious apprehensions of manipulation of marks, particularly when videography of the entire process is available but has not been produced. The unexplained delay of over five months in declaration of results, failure to consider the applicant’s representation dated 02.02.2023 before publishing the final selection list, and the absence of transparency in awarding minimum qualifying marks collectively demonstrate foul play and denial of fair procedure.

2.3. On these grounds, learned counsel submitted that the impugned result be set aside, relevant records and videography be summoned, and appropriate relief be granted to the applicant.

2.4. Learned counsel for the applicant relied upon the decision rendered by the Hon’ble High Court of Delhi in W.P. (C) No. 9617/2018 & Batch pronounced on 01.07.2025 titled Lokesh Kumar and ors. vs. Govt. of NCT of