* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 06.02.2026 Pronounced on: 25.03.2026 + W.P.(C) 17015/2025 & CM APPL. 69982/2025 DELHI POLICE & ANR. .....Petitioners Through: Mr. Animesh Rastogi, SPC along with Ms. Neha Rastogi, Mr. Shashank Pandey, Mr. Ashutosh Pathak, Advs.

versus SUDHEER KUMAR ....Respondent Through: Ms. Esha Mazumdar, Ms.

Muskan Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN

J U D G M E N T

MADHU JAIN, J.

1. The present petition has been filed, challenging the order dated 29.04.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No. 890/2024, titled Sudheer Kumar v. Delhi Police & Anr. whereby the learned Tribunal allowed the said O.A. filed by the respondent herein and directed the petitioners to permit the respondent to join duty as a Constable (Driver)-Male.

FACTUAL MATRIX:

2. The brief facts leading to the present petition are that, for filling up 1411 vacancies for the post of Constable (Driver)-Male, a Notice dated 08.07.2022 was issued by the Staff Selection Commission (‘SSC’). The Notice stipulated the eligibility criteria, terms and conditions, and instructions governing the recruitment process. The closing date for receipt of online applications was 29.07.2022.

3. Under Clause 6 of the Notice, captioned “Essential Qualification”, it was stipulated, inter alia, that the candidate must possess a valid driving license for Heavy Motor Vehicles on the closing date of receipt of online application. The relevant portion of the said Notice is reproduced hereinbelow:

“6.Essential Qualification a) 10+2 (Senior Secondary) passed or equivalent from a recognized Board (as on 29.07.2022 i.e.

theclosingdateof receipt of onlineapplication)

b) Should be able to drive heavy vehicles with confidence c) Valid driving license for Heavy Motor Vehicles (as on closing date of receipt of online application)

d) Possess knowledge of maintenance of vehicles”

4. Further, Clause 15.16 of the Notice provided that the candidature of a candidate would be purely provisional at all stages and could be cancelled at any time, even after issuance of the Offer of Appointment, if it was found that the candidate did not fulfil the prescribed eligibility conditions. The said Clause 15.16 is reproduced hereinbelow:

“15.16 The candidates applying for the examination should ensure that they fulfill all theeligibilityconditionsfor admissiontothe examination. Their admission at all the stages of examination will be purely provisional, subject to their satisfying the prescribed eligibility conditions. If, on verification, at any time before or after the Computer Based Examination, PE&MT and Medical Examination as well as after issue of Offer of Appointment/Joining the Service, it is found that they do not fulfill any of the eligibility conditions, their candidature/selection foil the post will be cancelled by the Commission/Delhi Police.”

5. The respondent applied for the post of Constable (Driver)-Male pursuant to the said Notice. He qualified the Computer-Based Examination conducted on 21.10.2022, the Physical Efficiency Test/Physical Standard Test (hereinafter referred to as, ‘PET/PST’) on 27.04.2023, and the Trade Test held on 08.11.2023. It is the case of the respondent that at the stage of the Trade Test, his driving license was duly verified, and it was only thereafter that he appeared for and qualified the Medical Examination conducted on 15.12.2023 and

16.12.2023.

6. Pursuant thereto, the respondent was issued a Letter dated 29.01.2024, informing him that he had been provisionally selected for the post of Constable (Driver)-Male in Delhi Police. He was further informed that, prior to the issuance of an Offer of Appointment, he would be required to furnish his Resignation Letter and a No Objection Certificate. Accordingly, the respondent, who had been serving in the Central Industrial Security Force (‘CISF’) since 21.09.201