* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12.11.2025 Pronounced on: 12.12.2025 + W.P.(C) 12698/2023 & CM APPL. 50157/2023 NISHA KHAN .....Petitioner Through: Mr. G. S. Chaturvedi, Adv.
versus DELHI POLICE & ANR. .....Respondents Through: Mr. Rajesh Kumar, SPC along with Mr. Yash Narain, Adv. for UOI CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN
| Table of Content |
|---|
| 1. challenging tribunal's dismissal based on eligibility criteria. (Para 1 , 2 , 3) |
| 2. procedural obligations and candidate responsibilities in application filling. (Para 4 , 14 , 15) |
| 3. past mistakes cannot qualify for future rectifications after submission. (Para 24 , 26 , 30) |
JUDGMENT
MADHU JAIN J.
1. This petition has been filed by the petitioner, challenging the Order dated 14.07.2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. 2092/2021, titled as Nisha Khan v. Delhi Police & Anr., whereby the learned Tribunal dismissed the above mentioned O.A. and held as under:
“6. We are of the considered view that the issue raised in the instant OA is no more res integra in view of the decision of a Coordinate Benchof this Tribunal inPoojaDevi v.SSC & Ors., decided on 20.02.2023 (where both of us Hon'ble Mr. Anand Mathur, Member (A) and Hon'ble Mr. Manish Garg, Member (J) were members). The relevant part of the said order reads as follows:
"4. The sole issue to be adjudicated by this Tribunal is whether the applicant, who has filled "No" against Column No.16 pertaining to ward of police personnel at the time of filling up online Application Form, can be allowed relaxationinheight.
4.1 It is true that the Examination Notice and Recruitment Rules provide for relaxation in height to the wards of police personnel only if an aspiring candidate mentions about the same in the column meant for the same. It is also noticed that the applicant had filled "No" in Column No. 16 while submitting her online application form. It is not disputed that the applicant requested for correction in the aforesaid column when her height was measured less than the requisite height, which is not permissible at a later stage as it was clearly stipulated in the Examination Notice that no change/correction/ modification would be allowed under any circumstances even if the request is received in any form like post, fax, email, by hand etc. after submission of online application form. It is the duty of candidates to fill the online application form with eyes wide open and before submitting the online application to recheck and make necessary corrections on the computer then and there. But the applicant has failed to do so. Had she been vigilant enough in filling up the online application form, this type of error would not have occurred. Once she herself has failed to mention that she was the ward of a deceased police personnel, she cannot be permitted to have relaxation in height to be eligible for offer of appointment.
4.2 Having gone through the decisions relied upon by the learned counsel for the applicant, we find such decisions are not relevant being distinguishable from thefacts of theinstant OA.
5. In conspectus of the facts and circumstances of the case, we are of the considered opinion that the applicant cannot be allowed any relief for the error committed by her. It was she who was required to give correct details while filling up online Application Form. Had she done so, the respondents would have granted the required relaxation in height to her. Hence, we find that the instant OA is devoid of merit.
5.1 In view of the above discussion, the instant OAis dismissed."
7. Having regard to the directions of this Tribunal in the aforesaid case, we are of the considered view that the issue raised in the instant GAs is squarely covered by the decision of Pooja Devi (supra). Hence, for parity of reasons, both these OAs are liable to be dismissed, being devoid of merit. Accordingly, boththeOAsaredismissed.” FACTS OF THE CASE
2. The facts giving rise to the present petition are that respondent no.2/ Staff Selection Commission invited online applications for recruitment to the post of Constable (Executive) Male/ Female in Delhi Police on 01.08.2020. The last date and time for submission of online applications was 07.09.2020 (23:30hrs). The petitioner filled the online applica
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