Delhi High Court - Orders
Akhil Pahuja And Ors vs Union Of India And Ors on 27 November, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6366/2021
AKHIL PAHUJA AND ORS .....Petitioners
Through: Mr. M.K. Bhardwaj, Ms.
Priyanka M. Bhardwaj, Mr. Himanshu
Bhardwaj and Mr. Maria Mugesh Kannan,
Advs.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Ms. Shagun S. Chugh, Ms.
Meera Chugh and Mr. Utsav A. Magotra,
Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 27.11.2024
1. We have heard Mr. M.K. Bhardwaj, learned Counsel for the petitioners, and Ms. Shagun S. Chugh, learned Counsel for the respondents.
2. Mr. Bhardwaj submits that, as per Clause 1.07.02 of the advertisement, the waiting list was not required to be maintained only in respect of the post of commercial apprentice and traffic apprentice. Clause 1.07.02 read thus:
"1.07.02 Once a candidate has been empanelled as per his/her merit/choice, he/she will forfeit the right to be considered for any other category. In case of exigencies/shortfall in main panel RRB W.P.(C) 6366/2021 Page 1 of 3 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 03/12/2024 at 21:44:27 reserves the right to utilize the standby list, if required. as per the merit and preference given by the candidates placed in the standby list. No standby list will be maintained for the post of Commercial Apprentice/Traffic Apprentice."
3. Ms. Chugh has drawn our attention to Clause 8.10 of the advertisement, which reads thus:
"8.10 Based on the performance of candidates in the CBT /online examination and Aptitude Test/Typing Skill Test, wherever applicable, candidates equal to the number of vacancies are called for document verification in the main list. In addition, 50% extra candidates are also called as standby unless otherwise Specified (refer para 1.07.02). However, they are considered for empanelment only if there is shortfall in empanelment from the main list. During document verification, candidates will have to produce their original certificates. No additional time will be given and the candidature of the candidates not producing their original certificates on the date of verification is liable to be forfeited."
4. We have queried of Ms. Chugh whether, if Clause 8.10 is read with Clause 1.07.02, the respondents could, after the selection process had commenced, change their decision and do away with the standby list for the post of Assistant Station Master.
5. Mr. Bhardwaj submits that there was no dispute about the fact that there were unfilled vacancies of Assistant Station Master. Mr. Bhardwaj also placed reliance on the recent judgment of the Supreme Court in Tej Prakash Pathak v Rajasthan High Court1 to the fact that rules of the game cannot be changed after the game has begun.
6. She seeks a day's time to take instructions.
1 2024 SCC OnLine SC 3184 W.P.(C) 6366/2021 Page 2 of 3 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 03/12/2024 at 21:44:28
7. Re-notify on 28 November 2024.
C. HARI SHANKAR, J.
GIRISH KATHPALIA, J.
NOVEMBER 27, 2024/dsn Click here to check corrigendum, if any W.P.(C) 6366/2021 Page 3 of 3 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 03/12/2024 at 21:44:28