$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 01.04.2026 + W.P.(C) 4161/2026 VIVEK KUMAR RAI .....Petitioner Through: Mr. T. S. Nanda, Adv.

versus UNION OF INDIA & ORS.

.....Respondents Through: Mr. Akash Vajpai, CGSC.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL CM APPL. 20365/2026

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

2. The application stands disposed of.

W.P.(C) 4161/2026, CM APPL. 20364/2026, CM APPL. 20366/2026

3. The petition has been filed by the petitioner seeking following prayers:-

“i. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondents to consider the Petitioner as an eligible candidate for the post of Tradesman Mate (TMM) pursuant to the advertisement dated 26.08.2023 issued by the Respondent No.4, Headquarters, Andaman and Nicobar Command;

ii. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondents to treat the Bachelor of Computer Applications (BCA) Degree of the Petitioner as a valid and/or higher qualification for the said post, instead of insisting upon the ITI Certificate;

iii. Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing and setting aside the Impugned Letter dated 14.02.2026 (ANNEXURE P-1) issued by Respondent No. 4, as being arbitrary and violative of the principles of natural justice;

iv. Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Respondents to forthwith issue the Joining Letter to the Petitioner with all consequential benefits including seniority;”

4. In effect, the petitioner is challenging the order dated 14.02.2026 whereby the respondents have conveyed to the petitioner their decision for not treating the petitioner eligible for the post of Tradesmen Mate by stating as under:-

“1. Refer to CPGRAM complaint registration number MODEF/E/2026/0000303 dated 08 Jan 26 was received at this office on 12 Jan 26.

2. Post scrutiny of the matter it is submitted that the candidate possesses a Bachelor of Computer Applications (BCA) degree and had submitted the said certificate at the time of application and written examination. However, as per para 4 of the advertisement published in the Employment News dated 26 Aug-01 Sep 23, the essential qualification for the post of Tradesman Mate is an ITI certificate, which the candidate does not possess.

3. Further, the candidate is required to participate in the recruitment process only after verifying that applicant fulfils all eligibility conditions mentioned in the advertisement. In this regards, following paragraphs of the advertisement also relevant for the said recruitment.

3.1 Para 7(f). "Provisional Appointment Letter. The appointment of the provisionally selected candidate will be strictly based on the merit position in the written examination subject to satisfactory verification of documents, medical examination and other requirements as specified by Government of India and Appointing Authority."

3.2 Para 11(b). "The applicant must posses the required criteria and educational qualification as mentioned in the recruitment advertisement."

3.3 Para 12(c). "The applicant should ensure that he/she fulfils the eligibility and other norms mentioned in the advertisement. Particulars furnished in the Application Form should be correct in all respects. If any false of incorrect information furnished by the applicant is detected at any stage, his/her candidature will be cancelled without prejudice to taking legal action against him/her."

3.4 Para 14 (a). "Your candidature to the recruitment test is provisional subject to being found eligible in all respects."

3.5 Para 14 (b) (xiv). "Candidature can also be cancelled at any stage of recruitment for any other ground which the Competent Authority considers to be sufficient cause for cancellation of candidature."

3.6 Para 14 (f). The candidate must not