SOMBIR vs UNION OF INDIA

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 19.10.2023

+ W.P.(C) 13616/2023, CM APPL. 53718/2023 & CM APPL. 53719/2023

SOMBIR ….. Petitioner
versus

UNION OF INDIA ….. Respondent

Advocates who appeared in this case:

For the Petitioner: Mr. Yogesh Sharma and Ms. Pratima Ravi, Advocates

For the Respondents: Mr. Rakesh Kumar Dudeja, Senior Panel Counsel and Mr. Ravindra Vikra, Advocate for SSB

CORAM:
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON’BLE MR. JUSTICE MANOJ JAIN

JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondent to allow petitioner to participate in the skill test as well as documents verification.
2. The respondent had issued an advertisement for recruitment to the post of Constable (GD) in various trades including Driver.
3. Petitioner had applied for the post of Constable (Driver) and participated in the selection process. On 31.08.2023, petitioner received an SMS at 10.31 a.m. that he had to appear for a skill test and documents verification on 01.09.2023 at 6.00 a.m. at Bihar. Petitioner is a resident of Rohtak (Haryana) and was required to appear at a distance of about 1100 kms. from his house within 20 hours of the intimation.
4. Learned counsel for the petitioner submits that petitioner immediately approached the headquarters at R.K. Puram. However, he was not entertained.
5. Learned counsel for the respondent submits that similar request were received from several candidates and their test was re-scheduled between 01.09.2023 to 09.09.2023, however, no such request was received from the petitioner.
6. In view of the fact that petitioner was sent an SMS and was required to report within 20 hours for a skill test at a distance of 1100 kms and also keeping in view the fact that respondent themselves re-scheduled the test of several individuals who could not appear in the first instance, we are of the view that petitioner was deprived of an opportunity of participating in the skill test and for documents verification on account of reasons attributable to the respondent and delay in intimation of the date, time and venue of the skill test.
7. In view of the above, we direct the respondents to schedule a skill test and to permit the petitioner to participate in the documentations and the skill test.
8. In case the petitioner is successful in the documentation and the skill test, further steps be taken by the respondent in regard to the selection process qua the petitioner.
9. It is directed that the entire process with regard to conduct of the skill test and document verification and further steps be taken by the respondent prior to the declaration of the final result for the said post.
10. The petition is disposed of in the above terms.
11. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J
OCTOBER 19, 2023
‘rs’

W.P.(C) 13616/2023 2