Eligibility for public recruitment is determined by the possession of essential qualifications, such as a valid driving licence, as of the cut-off date mentioned in the advertisement. Official verification reports from competent licensing authorities serve as the authoritative evidence to determine whether substantive conditions were met at the requisite time.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the present Original Application, the applicant has prayed for the following reliefs:

(a) Quash and set aside orders dated 15.11.2017 and 09.12.2013, whereby the candidature of the Applicant for the post of Constable Driver in Delhi Police was cancelled.

(b) Direct the Respondents to restore the candidature of the Applicant for the post of Constable (Driver) in Delhi Police.

And

(c) Direct the Respondents to appoint the Applicant to the post of Constable (Driver) with all the consequential benefits viz. seniority, notional fixation of pay, promotion, back wages etc.

And

(d) Call for records.

And

(e) Award cost in favor of the Applicant and against the Respondents.

And / or

(f) Pass any further order, which this Hon'ble Tribunal may deem fit, just and equitable in the facts and circumstances of the case.”

Highlighting the facts of the case, learned counsel for the applicant submitted that the present OA has been filed challenging the illegal and arbitrary cancellation of the applicant’s candidature for the post of Constable (Driver) in Delhi Police vide order dated 09.12.2013, which was solely based on an erroneous verification report dated 23.06.2011 stating that the applicant obtained HTV endorsement on 15.09.2009.

2.1. Learned counsel further submitted that the applicant in fact possessed a valid Heavy Transport Vehicle licence since 15.01.2009, i.e., prior to the closing date of application (19.03.2009), and had successfully cleared the written examination, physical test and driving skill test.

2.2. Learned counsel further argued that the incorrect verification report was later rectified by the Licensing Authority, Senapati, Manipur through information obtained under the RTI Act confirming the correct date as 15.01.2009, yet the respondents vide order dated 15.11.2017 arbitrarily rejected the applicant’s representation dated 04.10.2017 without properly considering this crucial evidence.

2.3. Learned counsel further argued that It the impugned action violates Articles 14, 16 and 21 of the Constitution of India, principles of natural justice (as the verification report was never supplied to the applicant), and the doctrine of legitimate expectation, as candidates with lower merit were appointed while the applicant was unjustly denied appointment due to a clerical error not attributable to him. Therefore, the impugned orders deserve to be quashed and the applicant’s candidature restored with all consequential benefits.

3. Opposing the grant of relief, learned counsel for the respondents submitted that the present OA is liable to be dismissed as the applicant did not possess a valid HTV/HMV driving licence on the date of submission of the application form i.e. 19.03.2009, which was an essential eligibility condition for recruitment to the post of Constable (Driver) in Delhi Police under the Delhi Police (Appointment & Recruitment) Rules, 1980 and relevant Standing Orders.

3.1. Learned counsel further submitted that verification conducted from the Licensing Authority, DTO Senapati, Manipur through Crime Branch categorically revealed that the HTV/HMV endorsement on the Applicant’s licence was made only on 15.09.2009 and not prior to the closing date, thereby establishing that the applicant furnished incorrect information in the application form and attempted to secure employment by deceitful means. The applicant was duly issued a show cause notice and granted an opportunity of personal hearing, but his explanation was found unsatisfactory, after which his candidature was lawfully cancelled vide order dated 09.12.2013.

3.2. In the written submissions filed on behalf of the respondents it is submitted that 676 vacancies for the post of Constable (Driver) in Delhi Police were adve