$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2032/2026 VIPIN KUMAR .....Petitioner Through: Mr. Ankit Gupta, Mr. Divyanshu Bhandari and Mr. Ketan Kumar Choudhary, Advocates.

versus NATIONAL TESTING AGENCY .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 12.02.2026 CM APPL. 9951/2026 (seeking exemption from filing certified copies, typed documents, dim annexures)

1. Exemption is granted, subject to all just exceptions.

2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

W.P.(C) 2032/2026 & CM APPL. 9950/2026 (seeking ex-parte ad interim stay)

4. The Petitioner came on deputation with National Testing Agency1 pursuant to office order dated 17^th October, 2023 and joined duties on 23^rd November, 2023 on the post of Deputy Director (on deputation basis/foreign service terms).

5. It is submitted that the Petitioner’s performance was duly appreciated and, on 9^th December, 2024, he was granted a proforma promotion to the post of Head of Department in Pay Level-13A. The said proforma promotion was thereafter approved on 17^th February, 2025 and his salary was fixed in Pay Level-13A. During the tenure, the Petitioner also received increments and was further promoted to the post of Joint Director, General Administration Division.

6. Subsequently, on 26^th December, 2025, the Petitioner was served with a show cause notice calling upon him to explain regarding his alleged performance and as to why certain Directors of other divisions of the Respondent were unwilling to work with him. The Petitioner submitted a reply thereto; however, by the impugned order dated 5^th January, 2026, the Respondent repatriated the Petitioner from deputation on “administrative ground” without furnishing any reasons. It is contended that the Petitioner was not served with three months’ advance notice as contemplated under Clause 9 of OM dated 17^th June, 2010, which reads as follows:

“9. Premature reversion of deputationist to parent cadre.

Normally, when an employee is appointed on deputation/ foreign service, his services are placed at the disposal of the parent Ministry/ Department at the end of the tenure. However, as and when a situation arises for premature reversion to the parent cadre of the deputationist, his services could be so returned after giving an advance notice of at least three months to the lending Ministry/ Department and the employee concerned.”

7. It is thus asserted that non-compliance with the three months advance notice renders the impugned action invalid.

1 “NTA”

8. Issue notice to the Respondent, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.

9. Till the next date of hearing, the impugned order dated 5^th January, 2026 shall remain in abeyance. It is clarified that the Petitioner shall continue with the NTA on the same terms as were applicable prior to issuance of the impugned order.

10. Renotify on 18^th March, 2026.

SANJEEV NARULA, J FEBRUARY 12, 2026 as