* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order : 17th November, 2023 + W.P.(C) 14878/2023 NEHA GOLA ..... Petitioner Through: Mr.Shashwat Sarin, Mr.Varun Chopra, Mr.Utkarsh Khandelwal and Mr.Lokesh Kumar, Advocates versus COMMISISONER OF POLICE AND ANR ..... Respondents Through: Mrs.Avnish Ahlawat, Standing Counsel for GNCTD-Services with Mr.N K Singh, Ms.Laavanaya Kaushik, Ms.Aliza Alam and Mr.Mohnish Sehrawat, Advocates for R-1 Mr.Rajesh Kumar and Ms.Mishika Pandita, Advocates for R-2 CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
CHANDRA DHARI SINGH, J (Oral)
1. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:-
“A. Issue any appropriate writ, order or direction in the nature of mandamus directing the Respondent No. 2 to set aside the decision regarding non-issuance of the admit card of the petitioner for the Delhi Police Examination-2023.
B. Issue any appropriate writ, order or direction in the nature of mandamus directing the Respondent No. 2 to allow the petitioner an opportunity to change/edit/ re-upload the Signature Not Verified Digitally Signed By:SARIK A W.P.(C) 14878/2023 Page 1 of 23 photograph uploaded by her along with her online registration form.
C. Issue any appropriate writ, order or direction in the nature of mandamus directing the Respondent No. 2 to issue the petitioner an admit card for Delhi Police Examination 2023.
D. Pass any other and further orders that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
2. The relevant facts necessary for the adjudication of the instant petition are as follows:
a) The petitioner, pursuant to an advertisement dated 1st September 2023, for examination of Constable (Executive) in Delhi Police Examinations-2023, applied for the post of Constable (Executive) (Female), and accordingly registered on 6th October 2023, vide registration no. 50005574423.
b) On 30th October 2023, the respondent no. 2/Staff Selection Committee issued a notice stating the schedule for examinations for the post of Constable (Executive), i.e., from 14th November 2023, to 3rd December 2023. It was further intimated by the respondent no. 2 that the admit cards for the examinations would be released on 5th November 2023. However, the petitioner was not issued her admit card.
c) It has been stated by the petitioner that around 12th November 2023 – 13th November 2023, the petitioner was informed by the concerned officials of the respondent no. 2 Signature Not Verified Digitally Signed By:SARIK A W.P.(C) 14878/2023 Page 2 of 23 that there was a problem with respect to the dimensions of the photograph uploaded by the petitioner with the registration form.
d) Subsequently, the petitioner filed a complaint/representation dated 13th November 2023, with the Office of the Regional Director, Staff Selection Committee (Northern Region), requesting permission to make corrections in her registration form.
e) Aggrieved by the inaction on behalf of the respondents, the petitioner has approached this Court under its writ jurisdiction seeking issuance of the admit card and opportunity to re-upload her photograph.
3. Learned counsel appearing on behalf of the petitioner submitted that the act of the respondents in not issuing the petitioner‟s admit card and not providing any opportunity to re-upload the photograph is bad in law and the same is violative of the principles of natural justice. Hence, the said act of the respondent no. 2 infringes upon the petitioner‟s fundamental and legal rights.
4. It is submitted that the non-issuance of the petitioner‟s admit card for the Delhi Police Examinations – 2023, is erroneous and reflective of a clear lapse in the statutory obligation of the respondent no. 2 towards the petitioner.
5. It is submitted that the petitioner was informed about the irregularity in her photograph uploaded on the website only after the registration process Signature Not Verified Digitally Signed By:SARIK A W.P.(C) 14878/2023 Page 3 of 23 for the exam was complete and after the admit cards for other candidates had already been issued.
6. It is clarified that the petitioner was neither intimated about the objection in the photograph uploaded along with the registration form by the concerned officials of the respondent no. 2, nor was there any such message or information prompted to the petitioner on her candidate user account on the respondent no. 2‟s official website.
7. It is submitted that the soft cop
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