Delhi High Court - Orders
Aashima Goyal vs Union Of India & Anr on 6 August, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~2 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6932/2021 & CM No. 21882/2021
AASHIMA GOYAL ..... Petitioner
Through: Mr. J. Sai Deepak, Adv.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Ripudaman Bhardwaj, CGSC
with Kushagra Kumar, Adv. for UOI.
Mr. Naresh Kaushik, Adv. for UPSC.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 06.08.2021 [Court hearing convened via video-conferencing on account of COVID-19]
1. The record shows that, the petitioner sat for Civil Services Examination ("CSE"), 2019 and cleared preliminary and mains examination as also the personality test-cum-interview. The petitioner was ranked 65 in the final merit list.
1.1. To be noted, the petitioner applied for CSE 2019, as an economically weaker section (EWS) candidate.
1.2. The petitioner has been denied allocation of service, as she produced the Income and Asset Certificate ("IAC") for the financial year (in short „FY‟) 2017-18, after the extended time allocated to her. The time allocated to her was 31.08.2020, by the Department of Personnel and Training (DoPT), via communication dated 27.08.2020 [See: page 770 of the case W.P.(C) 6932/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24 file].
2. Mr. J. Sai Deepak, who appears for the petitioner, says that, the petitioner obtained the IAC from the concerned authority only on 21.09.2020, and thereafter, it was sent to DoPT via e-mail on 24.09.2020.
3. Pertinently, the Office Memorandum dated 31.01.2019, issued by the DoPT, required the petitioner to file the IAC for the financial year (FY) preceding the year of the application.
3.1. Mr. Deepak does not dispute the fact that, the petitioner was required to file the IAC relevant to FY 2017-2018. It is also not in dispute that, since the petitioner had erroneously filed the IAC for the financial year 2018- 2019, an opportunity was given from time to time to the petitioner to carry out course correction.
3.2. It is in this background that, the timeframe for producing the IAC concerning FY 2017-18 was extended, till 31.08.2020. 3.3. Concededly, even though the petitioner was given leeway, for the reasons stated in the writ petition; she was not able to file the IAC concerning FY 2017-18, before 31.08.2020.
3.4. Mr. Deepak, however, says that, an exception was made in the case of Ms. Nivedita Dutta [Rank 697, CSE 2019, Category: EWS], who filed IAC for the financial year 2017-18 on 08.09.2020, i.e., beyond the deadline, which, in the petitioner‟s case, was fixed as 31.08.2020. In this behalf, he has drawn our attention to page 916 of the case file. 3.5. Besides Ms. Dutta‟s case, our attention has been drawn to other cases, as well, where exceptions were made, which are detailed out on pages 917 to 920 of the case file.
3.6. Mr. Ripudaman Bhardwaj, who appears for respondent no.1/DoPT, W.P.(C) 6932/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24 says that, he will revert with instructions in the matter; in particular, the reasons for making exception in Ms. Nivedita Dutta‟s case and other persons referred to by the petitioner.
4. Mr. Naresh Kaushik, who appears for respondent no.2/UPSC says that, a similar issue arose in W.P.(C.) 1158/2020, which was disposed of, vide judgment dated 11.09.2020, by a coordinate Bench of this Court. 4.1. According to Mr. Kaushik, the issue raised in the present petition is covered by the aforesaid judgment.
4.2. Mr. Deepak, however, contends to the contrary. 4.3. We are told that, special leave petition has been filed qua the aforesaid judgement, and notice has been issued. There is, however, a lack of clarity as to whether stay has been granted.
5. Mr. Naresh Kaushik is requested to place on record, the aforementioned judgement of this Court as also the orders passed, in the SLP, filed qua the aforementioned judgement, dated 11.09.2020.
6. List the matter on 14.09.2021.
7. Any further steps taken in the matter will be subject to the final outcome in the writ petition.
RAJIV SHAKDHER, J TALWANT SINGH, J AUGUST 6, 2021/nk Click here to check corrigendum, if any W.P.(C) 6932/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:HARIOM Signing Date:09.08.2021 15:14:24