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Delhi High Court - Orders

Mr. Suman Kumar Singh And Ors vs Dedicated Freight Corridor ... on 30 October, 2023

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                           $~122
                           *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +         W.P.(C) 14073/2023
                                     MR. SUMAN KUMAR SINGH AND ORS                                                           ..... Petitioners
                                                                           Through:                 Mr.Amit Kumar, Sr. Adv with
                                                                                                    Mr.Vivek Singh, Advocate


                                                                           versus

                                     DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
                                     LTD.AND ANR.                                                                          ..... Respondents
                                                                           Through:                 Mr.V.S.R.Krishna and
                                                                                                    Mr.V.Shashank, Advocates for R-1
                                                                                                    (Through VC)
                                                                                                    Mr.Vineet Dhanda, CGSC for UOI
                                                                                                    with Ms.Gurleen Kaur, Advocate for
                                                                                                    R-2/UOI
                                     CORAM:
                                     HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                                                           ORDER

% 30.10.2023 CM APPL. 55637/2023 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

W.P.(C) 14073/2023, CM APPL. 55635/2023 (interim direction) & CM APPL. 55636/2023 (Stay)

1. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of petitioners seeking the following reliefs:-

"i) To issue Writ(s), Order(s) or Direction(s) in nature of This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/11/2023 at 21:21:46 Mandamus for quashing of the impugned Circular No. 846/2023 dated 06.10.2023 issued by the Respondent No. 1 to the extent it prohibits the petitioners to appear in the competitive exam for promotionand/or;

ii) To issue Writ(s), Order(s) or Direction(s) in nature of Mandamus to direct the respondents to include the name of the petitioners in the list of eligible candidates for appearing in the competitive exam to be held on 03.11.2023 for promotion from one cluster to another in the respondent no.1 organization; and/or

iii) To quash the list of candidates as notified by the Respondent No. 1 alongwith the Circular No. 846/2023 dated 06.10.2023

iv) Pass any other order/further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

2. Heard.

3. Learned counsel for respondent No.1 and respondent No.2 appeared on advance notice. Learned counsel appearing on behalf of respondent No.1 vehemently opposed the instant petition and submitted that the petitioners are not qualified for the computer based examination for the next promotion as per the rules. He prays for and is granted two days' time to file a short affidavit stating the said facts therein.

4. List on 2nd November, 2023.

CHANDRA DHARI SINGH, J OCTOBER 30, 2023 Dy/ds Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/11/2023 at 21:21:46