* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order :14^th September, 2023 + W.P.(C) 15270/2022 and CM APPL. Nos.4738/2022, 4052/2023, 47401/2023 and 47513/2023 PREETI BHARDWAJ & ORS. ..... Petitioners Through: Mr.Anuj Aggarwal, Advocate (through VC)

versus DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY &

ORS.. ..... Respondents Through: Mr.Shivendra Singh and Mr.BikramDwivedi, Advocates for R-

1 and R-2 Ms.Laavanya Kaushik, Advocate for Ms.Avnish Ahlawat, SC for GNCTD CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SING

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:

“(i) issue an appropriate writ, order or direction thereby setting aside the impugned Notice No. F .12(91 )/DSEU /H.R./2022/1006-1015 dated 26.10.2022 issued the Delhi Skill and Entrepreneurship University (DSEU), whereby the DSEU has cancelled Computer Based Recruitment Test (CBRT), as Signature Not Verified Digitally Signed W.P.(C) 15270/2022 Page 1 of 14 conducted on 14-15th July, 2022 for appointment on 48 vacancies of Junior Assistant/Office Assistant (Post Code-

0111202101) advertised in Advertisement dated O 1.11.2021;

(ii) issue an appropriate writ, order or direction thereby directing the respondents to continue the recruitment process in terms of the Result Notice dated 23.08.2022 and, consequently, appoint the petitioners on the post of Junior Assistant/Office Assistant (Post Code-0111202101) with all consequential benefits thereof, including seniority, back wages, continuity of services, etc.;

(iii) Allow the present writ petition with costs and litigation expenses in favour of the petitioners; and (iv) Pass any such other or further orders as this Hon'ble Court may deem fit and proper in the interest of justice and in favour of the petitioners.”

2. The relevant facts of the present petition is recapitulated as follows: a) The Delhi Skill and Entrepreneurship University (hereinafter “DSEU”) issued an advertisement dated 1^st November 2021, thereby, inviting applications for the post of Junior Assistant/Office Assistant. A total of 42 vacancies were advertised and the closing date for submitting the online application form was fixed for 20^th 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 petitioners would be short listed for the Skill/Typing Test.

c) Thereafter, vide notice dated 10^th March 2022, issued byDSEU,it communicated that the CBRTis to be held on21^st March 2022 Signature Not Verified Digitally Signed W.P.(C) 15270/2022 Page 2 of 14 subsequent to which admit cards were issued to the petitioners who participated in the said exam.

d) Vide notice dated 26^th April 2022, DSEU cancelled the CRBT which was conducted on 21^st March 2022 and subsequently vide notice dated 17^th June 2022, DSEU declared that the CRBT would be conducted on 14^th&15^th July2022, following which fresh admit cards were issued but the roll numbers of the petitioners remained the same as before.

e) DSEU declared the list of candidates who were shortlisted for the Skill Test, which included the present petitioners. The Skill/Typing Test was conducted by DSEU on 7^th August 2022 and the petitioners participated in the same.

f) DSEU declared the list of the selected as well as waitlisted candidates by issuing a notice dated 23^rdAugust 2022, and a total of 48 candidates were selected, and 156 were wait listed. The petitioners were selected for the appointment to the post of Junior Assistant/Office Assistant.

g) Subsequently, vide notice dated 26^th October 2022(hereinafter impugned notice), DSEU cancelled the CBRT which was conducted on 14^th & 15^th July 2022.

h) Two FIRs bearing No.0090 dated 14^th July 2022 and 0044 dated 27^th July 2022, were lodged on behalf of DSEU by way of which it is clear that only three persons were allegedly suspected of cheating which makes