Delhi High Court - Orders
Gautam Soni vs Union Of India Through Secretary & Anr on 22 October, 2021
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5948/2021, CM Nos. 36824/2021 & 36825/2021
GAUTAM SONI
..... Petitioner
Through: Mr. Armaan Gupta, Adv. with
Ms. Vishalakshi Goel, Adv.
versus
UNION OF INDIA THROUGH SECRETARY & ANR.
..... Respondent
Through: Mr. Shriram Tiwary, Adv. for UOI
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 22.10.2021 CM No. 36825/2021
Exemption allowed subject to all just exceptions. Application is disposed of.
CM No. 36824/2021 (for directions)
1. This is an application filed by the petitioner with the following prayers:
"In view of the facts & circumstances stated above, it is prayed that this Hon 'ble Court may be pleased to:-
a) Allow the present application of the applicant, thereby passing appropriate direction/ reconsideration/ instruction for considering the candidature for the applicant for interview to the post of manager.
b) Award suitable damages/compensation in favor of the applicant/petitioner and against the defendants for intentionally and deliberately making false statement before this Hon'ble Court for depriving the applicant /petitioner of his fundamental rights of giving the interview.
c) Pass such further orders and directions as this Hon'ble court may deem fit and proper under the facts and circumstances of the case."
2. The writ petition was dismissed by this Court on July 07, 2021. One of the aspect recorded by this Court while dismissing the writ petition is in para 9 which reads as under:
"9. That apart, I find that the petitioner having resigned from the NCDC in the month of April, 2021 could have approached this Court immediately thereafter as, till then, the interviews were not completed by the respondent No.2. The interviews having held and completed in the month of May, 2021 and the proceedings of the selection having already been sent to respondent No.1 (as contended by Mr. Chowdhury), I find that it is too late in the day for considering the prayer made by the petitioner in this petition."
3. In para 9, I have recorded the submission made by the counsel for the respondent No.2, that the interviews have been held and completed in the month of May, 2021 and the proceedings of selection have already been sent to respondent No.1.
4. According to Mr. Armaan Gupta, Advocate appearing for the petitioner that the submission made by the counsel is incorrect inasmuch as, in a reply to the RTI received by the petitioner, which is annexed at page 31 of this application, the following has been stated. Remarks Reply :- Based on information available in the National Financial Reporting Authority (NFRA). Point -wise reply to the queries raised in the RTI Application are as under ·
1. Since the process of recruitment of Assistant Manager and Manager In NFRA is still underway, the information sought for is exempted from disclosure under Section 8(1 )(e) of the RTI Act, 2005, as amended from time to time.
2. Number of candidates who were interviewed for the direct recruitment to the post of Manager in NFRA is 14 while that for the post of Assistant Manager is 18.
3. The date on which last candidate was interviewed in connection with direct recruitment to the posts of Manager and Assistant Manager In NFRA was 30.06.2021.
5. Mr. Gupta, by relying upon Sl. No.1 above would contend that it is the case of the respondent that the process of recruitment of Manager and Assistant Manager in NFRA is still underway. I am not in agreement with Mr. Gupta for the simple reason that the information at serial Nos. 2 and 3 above would also depict that the process of interview of Manager and Assistant Manager is complete and the last date of interview was 30th June, 2021. Mr. Gupta may be correct in stating that the submission made by the counsel that the interviews got completed in the month of May, 2021 is not correct. The fact is, the date on which I have decided the writ petition, the interview process was complete and I also noted the fact in para 10, which reads as under:-
"10. Mr. Gupta states that the petitioner could not approach the Court in the month of April, 2021 because of the situation prevailing then, in view of COVID-19. There may be some justification for the petitioner not to approach the Court but filing of the petition in the month of June, 2021 when the respondent No.2 has already sent the proceedings of the selection to the respondent No.1, no direction can be given to the respondent No.2 to conduct a separate interview for the petitioner."
6. The interview process being complete, this Court thought it appropriate that no direction can be given to respondent No.2 to conduct separate interview for the petitioner. In any case, the application in a disposed of petition for the prayers, as made by the petitioner, would also not be maintainable. I do not see in any merit in application. The same is dismissed.
V. KAMESWAR RAO, J OCTOBER 22, 2021/ak