$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29^th August, 2024 + W.P.(C) 11907/2024 and CM APPL.49530-49531/2024 EMPLOYEES STATE INSURANCE CORPORATION ....Petitioner Through: Dr. Swati Jindal Garg, Mr. Sowmya China and Mr. Abhimanyu Kumar, Advocates.

Versus CHHEL NARAYAN .....Respondent Through: Nemo.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE GIRISH KATHPALIA J U D G M E N T (oral)

1. The present petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking quashing of order dated 09.11.2023 passed by the learned Central Administrative Tribunal („Tribunal‟), Principal Bench, Delhi in OA 1335/2017.

2. The respondent had preferred O.A.1335/2017 before the learned Tribunal seeking invalidation of Notice No. 11-A-12/2012/online exam/2012-12/RC(M) dated 10.03.2017 issued by the petitioner. The aforesaid notice issued by the petitioner provided for a list of ineligible candidates, including the respondent, who were disqualified in the W.P.(C) 11907/2024 Page 1 of 8 Signature Not Verified Digitally Signed recruitment process initiated by the petitioner to fill the post of „Nursing/Paramedical Staff‟ in Directorate (Medical), Delhi in respect of notification of November, 2012.

3. The selection process included written examination, followed by an interview and the respondent was declared successful by securing 94.512 marks. Vide Notice dated 17.02.2017, the selected candidates were invited for document verification. However, the petitioner did not find his name in the list of candidates invited for document verification.

4. Thereafter, impugned Circular dated 10.03.2017 was issued by the petitioner, mentioning the names of ineligible candidates. The aforesaid Circular declared the respondent ineligible stating as under :-

“No status about registration with Nursing Council has been reported/replied in relevant column in Online Applicant form. Moreover no document was enclosed with application form as an evidence having Registered with Nursing Council. So applicant was liable to be rejected at initial stage.”

5. The respondent while challenging the impugned Circular dated 10.03.2017 submitted before the learned Tribunal that his candidature was cancelled merely on the ground that in the online registration form, no document was enclosed, whereas in the online form there was no column asking for details or instructions with respect to uploading of the necessary documents. The respondent claimed to have uploaded the necessary documents, as on the date of the application, he was in possession of a valid registration certificate from Nursing Council.

W.P.(C) 11907/2024 Page 2 of 8 Signature Not Verified Digitally Signed

6. The petitioner in its counter affidavit filed before the learned Tribunal averred that the respondent had not filled up the relevant column in the application form giving necessary details and thus, his candidature was rightly cancelled.

7. Learned Tribunal upon going through the copy of the online application form submitted by the respondent observed that there was no column seeking information with respect to the registration with Nursing Council. The Tribunal in the facts of the case held as under:-

“16. In view of what have been elaborately discussed above, the O.A. is allowed and the notice/circular dated 10.03.2017, (Annexure A6) qua the applicant is quashed and set aside. The competent authority amongst the respondents shall forthwith invite the applicant for document verification and subject to satisfactory verification, take further consequential action of appointing the applicant to the post of Staff Nurse. The appointment of the applicant shall be on notional basis with effect from the date the last candidate pursuant to selection process, initiated in the year 2012, was given such an appointment and on actual basis with effect from the date he assumes the charge, pursuant to the appointment so made. The applicant shall be enti