Selection process deadlines and essential conditions cannot be waived based on sympathy or individual hardship if the rules were applied uniformly to all candidates and the candidate had notice of the requirements.

O R D E R

CM APPLs. 80640-41/2025 (Exemptions)

1. Allowed, subject to all just exceptions.

W.P.(C) 19318/2025 & CM APPL. 80639/2025

2. This petition has been filed, challenging the Order dated 02.04.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, the ‘Tribunal’) in O.A. No. 149/2024, titled Kamakhya Kumar v. Staff Selection Commission & Ors., whereby the said O.A. filed by the respondent herein was allowed with a direction to the petitioners to consider the documents submitted by the respondent beyond the cut-off date, for further action in the selection process.

3. Admittedly, the respondent was provisionally shortlisted in the 5th Additional Result dated 02.08.2023, whereby 509 additional candidates were declared qualified in the Computer Based Examination (‘CBE’) for the post of Assistant Sub Inspector (Radio Technician) in Delhi Police (Post Code No. NW12521). Accordingly, the respondent was called upon to submit hard copies of the supporting documents along with a printout of the online application form, within a period of three weeks, that is, by 22.08.2023, to the Regional Office by Speed Post. The respondent failed to do so and submitted the documents by hand only on 22.09.2023, that is, one month beyond the stipulated cut-off date. In the meanwhile, for failure to submit the hard copies of the documents, the respondent’s candidature was rejected vide the Additional Rejection List published by the petitioners on 15.09.2023. Aggrieved by the same, the respondent made representations and thereafter approached the learned Tribunal, pleading as under:

“4.11 That it is relevant to mention here that applicant could not file hard copy of his application within stipulated period due to below mentioned reason and circumstances.

i. That applicant could not check his result online because he is not a regular user of mobile phone nor he has mobile phone of latest technology moreover internet facility is also not available at home and has to go cyber cafe for availing internet service and checking mail.

ii. That the mobile phone on which the massage regarding result was sent by Department remain unread and it might have been mixed up with some other massage as said mobile phone was being used by his mother and she could neither read nor intimate the applicant as she is not literate and he used to do study at home.

iii. That this is last attempt in SSC and he has worked very hard for this examination and his entire family member's future is totally dependent upon applicant.

iv. That applicant has not received any postal communication/letter at his corresponding address from your Department.”

4. Based on the above, and applying the judgment of this Court in Govt. of NCT of Delhi & Ors. v. Sheetal, 2023:DHC:6112-DB, the learned Tribunal disposed of the O.A. filed by the respondent with the above direction.

5. The learned counsel for the petitioners submits that the information about the result was sent to the respondent not only by way of a publication on the website, but also through SMS and e-mail. It is not the case of the respondent that he did not receive the same. He submits that not only the respondent, but various other candidates had also been declared unsuccessful only because of their failure to submit the documents within the stipulated time. He further submits that the conditions of the selection process cannot be altered, nor can sympathy be a ground to waive an essential condition.

6. Issue notice.

7. Notice is accepted by Mr. M.K. Gaur, the learned cou