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Delhi High Court - Orders

Vikas Chahar vs Union Of India & Ors on 16 March, 2021

Author: Manmohan

Bench: Manmohan, Asha Menon

$~Suppl.-23
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P. (C) 3349/2021, CM APPLs. 10211-12/2021
     VIKAS CHAHAR                       .....Petitioner
                           Through:     Mr. Ashutosh Bhardwaj, Advocate.
                           Versus
     UNION OF INDIA & ORS.                               .....Respondents
                   Through:             Ms. Bani Dikshit & Mr. Farman
                                        Ali, Advocates.

     CORAM:
     HON'BLE MR. JUSTICE MANMOHAN
     HON'BLE MS. JUSTICE ASHA MENON

                       ORDER

% 16.03.2021 Present writ petition has been filed challenging the result of driving test dated 24th February, 2021 whereby the petitioner has been declared to be disqualified. Petitioner also seeks a direction to the respondent to verify the result of Skill Test (Driving) by checking the videography of the recruitment process and to offer appointment to the petitioner as Constable (Driver), if the petitioner is found eligible.

Learned counsel for the petitioner states that the petitioner had applied for the post of Constable (Driver) with the Indo Tibetan Border Police (hereinafter referred to as ITBP), pursuant to an advertisement for recruitment under the OBC (Non-creamy layer). He further states that the petitioner had qualified the Skill Test (Driving) and had been so informed by the Commandant, ITBP present at the spot, who had conducted the skill test. He emphasises that the petitioner was initially given 'qualified' result, but the same got 'exchanged'/ switched with another candidate as both of them had the same name and similar father's name. According to him, due to inadvertent human error, the result of the petitioner has been switched with the petitioner's namesake i.e. respondent No.5.

Issue notice.

Ms. Bani Dikshit, Advocate accepts notice on behalf of the respondents.

Keeping in view the limited controversy involved in the present writ petition, this Court directs respondent No.4 to treat the present writ petition as a representation and decide the same within two weeks by way of a speaking order after giving an opportunity of hearing to the petitioner or his representative on 23rd March, 2021 at 11.00 AM.

This Court clarifies that it has not expressed any opinion on the merits of the controversy. All the rights and contentions of the parties are left open.

With the aforesaid direction, present writ petition and applications stand disposed.

MANMOHAN, J ASHA MENON, J MARCH 16, 2021 ck/rn