Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 8519

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IN THE HIGH COURT OF DELHI AT NEW DELHI
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W.P.(C) 17771/2022 & CM APPL. 56784/2022
MANISH KUMAR
..... Petitioner
Through:
Mr. Rajendra Beniwal & Mr. Aman
Singhania, Advocates.
versus
UNION OF INDIA & ORS.
..... Respondents
Through:
Mr. Syed Abdul Haseeb, Sr. Panel
Counsel,
Mr.
H.
Haider,
Govt.
Pleader with SI/Exe. Amit Kumar,
CISF & HC/GD Rajesh Kumar, CISF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

Advocates:
RAJENDRA BENIBAL

A candidate who has cleared the Limited Departmental Competitive Examination should be allowed to join the training even if he fails to produce his original Degree Certificate on the specified date, provided that he produces the same for verification before joining the training.

Headnote:
RECRUITMENT - LIMITED DEPARTMENTAL COMPETITIVE EXAMINATION - PRODUCTION OF ORIGINAL DEGREE CERTIFICATE - [The court held that the petitioner should be allowed to join the training subject to verification of the original Degree Certificate as well as medical examination.]
Fact of the Case:

The petitioner, a Constable-GD in the CISF, had appeared in the Limited Departmental Competitive Examination (LDCE) for the year 2020 conducted by the respondent No. 2 and cleared the Stage-I (Checking of Service Records), Stage-II (Written Examination), Stage-III (Physical Standard Test or PST) and Stage-IV (Physical Efficiency Test or PET). However, vide impugned Rejection Slip dated 20.09.2022 and Letter dated 11.10.2022, the candidature of the petitioner was rejected on the ground of failing to produce his original Degree Certificate on 20.09.2022.
Finding of the Court:

The court held that the petitioner was already in service and the post in question is to be filled only through Limited Departmental Competitive Examination, which was cleared by the petitioner. It is also not in dispute that the petitioner was having the original Degree Certificate; however, he failed to produce the same on the said date i.e., 20.09.2022, for the reasons stated above. The training has just commenced on 02.01.2023, thus no prejudice will be caused to the respondents if we direct the petitioner to join the training.
Issues: Whether the petitioner should be allowed to join the training despite failing to produce his original Degree Certificate on the specified date.
Ratio Decidendi: The court relied on the fact that the petitioner was already in service and the post in question is to be filled only through Limited Departmental Competitive Examination, which was cleared by the petitioner. It also noted that the training has just commenced and no prejudice will be caused to the respondents if the petitioner is allowed to join the training.
Final Decision: The court directed the respondents to allow the petitioner to join the training within one week from the date of the order, subject to verification of the original Degree Certificate as well as medical examination.

04.01.2023

CM APPL. 56785/2022

Allowed, subject to all just exceptions.

The application is disposed of.

W.P.(C) 17771/2022

Vide the present petition, the petitioner is seeking following reliefs:

“A. Issue an appropriate Writ of Certiorari calling for the

records of the case for perusal;

B. A Writ, Order or direction in the nature of certiorari

quashing the action of the Respondents, in rejecting the request

of Petitioner to provide him with an opportunity to produce

original degree certificate before recruitment board and illegal

rejection of candidature of the Petitioner, being illegal,

arbitrary, discriminatory, irrational, unwarranted and unjust

W.P.(C) 17771/2022

Page 1 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 02:46:36

and against the principles of equity, natural justice and good

conscience;

C. A Writ, Order or direction in the nature of certiorari

quashing the impugned Para No.5 (G)(c) of Standing Operating

Procedure (SOP) for conducting PET/PST/ Documentation for

recruitment of ASI/EXE (LDCE)-2020 issued vide the CISF

HQRs

New

Delhi

letter

No.E-32017/ASILDCE-

2020/Rectt/2022-2164 dated 12.09.2022 (a copy of which was

never supplied to the Petitioner by the Respondent, however the

reference of the same has been taken from the impugned letter

dated 11.10.2022) and the impugned rejection slip dated

20.09.2022 and the impugned letter dated 11.10.2022 issued by

the Respondent No.2 being illegal, arbitrary, discriminatory,

irrational, unwarranted and unjust and against the principles of

equity, natural justice and good conscience;

D. A Writ in the nature of mandamus directing the Respondents

to consider the candidature of Petitioner by allowing him to

produce original degree certificates for purpose of document

verification and rightly and properly allow him to participate

in the further process of recruitment and grant him all

consequential benefits accordingly.

E. A Writ of Mandamus commanding the Respondent to pay the

costs of this petition to the Petitioner; and

F. Pass such other and further order(s) that this Hon'ble Court

deems just and proper in the facts and circumstances of the

case and in the interest of justice and equity.”

Notice in the present petition has already been issued vide Order dated

28.12.2022. The petitioner had joined the services on 29.09.2014 and is

presently posted as Constable-GD in the CISF Unit Unit PGCIL, Wanpoh,

J&K.

The petitioner had appeared in the Limited Departmental Competitive

Examination (LDCE) for the year 2020 conducted by the respondent No. 2

W.P.(C) 17771/2022

Page 2 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 02:46:36

and cleared the Stage-I. The selection process was divided into five stages

i.e., Stage-I (Checking of Service Records), Stage-II (Written Examination),

Stage-III (Physical Standard Test or PST), Stage-IV (Physical Efficiency

Test or PET), and Stage-V (Detailed Medical Examination or DME).

The petitioner cleared Stage-I (Checking of Service Records), Stage-

II (Written Examination), Stage-III (Physical Standard Test or PST) and

Stage-IV (Physical Efficiency Test or PET).

However, vide impugned Rejection Slip dated 20.09.2022 and Letter

dated 11.10.2022, the candidature of the petitioner was rejected on the

ground of failing to produce his original Degree Certificate on 20.09.2022.

Learned counsel appearing on behalf of the petitioner submits that the

petitioner was not aware of the fact that the Original Degree Certificate was

required to produce on 20.09.2022. Furthermore, upon being asked to show

the original Degree Certificate on 20.09.2022, the petitioner requested the

respondent No. 2 for grant of only 24 hours’ time to produce the said

original Degree Certificate and

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