ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The petitioner vide the present petition under Article 226 of the Constitution of India seeks the following prayers:

“A. Issue a Writ Order or a direction in the nature of Certiorari for quashing and setting aside the impugned Notice dated26.10.2022 issued by Respondent No. I cancelling Computer Based Recruitment Test ('CBRT) held on 14-

15.07.2022 for 48 Posts of Junior Assistant/Office Assistant (Post Code-0111202101, Advt. no. 0111112021); and/or B. Call for details of Committee Members on whose recommendation the Computer Based Recruitment Test ('CBRT) held on 14-15.07.2022 for 48 Posts of Junior Assistant/Office Assistant (Post Code-0111202101, Advt.

no.01111/2021) has been cancelled; and/or C. Copy of any other documents/records of Respondent No.1basis which the Computer Based Recruitment Test ('CBRT)held on 14-15.07.2022 for 48 Posts of Junior Assistant/Office Assistant (Post Code-0111202101, Advt. no.

01111/2021) has been cancelled; and a) Pass any other Order(s) that this Hon'ble Court may deem fit in interest of justice, equity and good conscience.”

2. The relevant facts of the present petition are recapitulated as follows:

a) The Delhi Skill and Entrepreneurship University (hereinafter “DSEU”) invited applications for the post of Junior Assistant/Office Assistant vide advertisement dated 1st November 2021. A total of 42 vacancies were advertised and the closing date for submitting the online application form was 20th December 2021.

b) The scheme of the exam was to be conducted in two tiers i.e., a written examination and a Computer Based Recruitment Test (hereinafter CBRT) upon clearing the same, the petitioner/candidate would be short listed for the Skill/Typing Test. Vide Notice dated 10th March 2022, DSEU communicated that the CBRT is to be held on 21st March 2022. Admit cards were issued to the petitioner who participated in the said exam.

c) Vide Notice dated 26th April 2022, DSEU canceled the CRBT conducted on 21st March and subsequently vide notice dated 17th June 2022, DSEU declared that the CRBT would be conducted on 14th & 15th July, 2022 following which fresh admit cards were issued but the roll numbers of the petitioner remained the same as before.

d) DSEU declared the list of candidates who were shortlisted for the Skill Test, which included the petitioner.

e) The Skill/Typing Test was conducted by DSEU on 7th August 2022 and the petitioner participated in the same.

f) DSEU declared the list of the selected candidates as well as wait listed candidates vide notice dated 23rd August 2022. A total of 48 candidates were selected and 156 were waitlisted. The petitioner was selected for the appointment of the post of Junior Assistant/Office Assistant.

g) Subsequently, vide notice dated 26th October 2022 (hereinafter impugned notice), DSEU cancelled the CBRT as conducted on 14th &

15th July 2022.

h) Two FIRs bearing No.0090 dated 14th July 2022 and 0044 dated 27th July 2022 were registered by DSEU by way of which it is clear that only three persons were allegedly suspected of cheating which makes it evident that there was no mass cheating.

i) The petitioner made a representation and served a legal notice upon DSEU on 1st November 2022, however no response has been received for both.

j) Being aggrieved by the inaction on behalf of the respondent, and the impugned notice dated 26th October 2022, whereby DSEU cancelled the CBRT which was conducted on 14th & 15th July 2022, the petitioner has preferred the instant petition.

3. Learned counsel appearing on behalf of the petitioner submitted that the impugned notice issued by DSEU is unfair, unjust and arbitrary, further, cancellation of the CBRT without any reasonable explanation has caused immense hardships to the petitioner and other candidates.

4. It is submitted that DSEU was already aware of the fact that there may have been malpractices on behalf of some of the candidates appearing for the CBRT, despite which DSEU went ahead and issued a l