Central Administrative Tribunal - Delhi
Avinash Kumar vs Comm. Of Police on 9 October, 2025
1
OA 2841/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A No. 2841/2021
Reserved on: 25.08.2025
Pronounced on:09.10.2025
Hon'ble Mr. Chhabilendra Roul, Member (A)
Hon'ble Mr. Ajay Pratap Singh, Member (J)
Avinash Kumar s/o Sh. Raj Kumar,
R/o Qtr. No.63, Police Colony,
Civil Lines, Delhi
Permanent R/o V&PO Bhainswal, Shamli,
Uttar Pradesh - 247 776.
[Departmental candidate towards the
post of Sub Inspector in Delhi Police].
....Applicant
Versus
1. Commissioner of Police,
PHQ MSO Building,
IP Estate,
New Delhi.
2. Deputy Commissioner of Police
(Recruitment), New Police Lines,
Kingsway Camp,
Delhi.
3. The Lt. Governor,
GNCT of Delhi, Rajniwas,
Rajpur Road,
Delhi.
4. Union of India through its Secretary,
Ministry of Home Affairs,
North Block,
New Delhi - 110 001.
...Respondents
Advocate for Applicant: Mr.Ajesh Luthra
Advocate for Respondents: Mr. Ashish Singh
NARESH NARESH
KUMAR KUMAR AHUJA
2025.10.09
AHUJA 16:58:43+05'30'
2
OA 2841/2021
ORDER
Per Hon'ble Mr. Ajay Pratap Singh, Member (Judicial):
The challenge in the present Original Application is to an amendment dated 13.03.2013 in Rule-7 of Delhi Police (Amendment & Recruitment) Rules, 1980 [in short Rules, 1980] made vide Delhi Police (Appointment and Recruitment) (Amendment) Rules, 2013 [in short Rules, 2013] and to set aside the requirement that candidates must possess a valid driving license for L.M.V. (Motorcycle and Car) on the date fixed for Physical Endurance Test and Measurement Tests [in short PET&MT]. So also, prayer is to set aside the requirement mentioned in the Standing Order No.321/2013 and in Clause-5, Note-1 of Advertisement dated 03.03.2018 for recruitment of Sub-Inspectors in Delhi Police, CAPFs and Assistant Sub- Inspectors in CISF Examination, 2018. The applicant is also seeking relief to set aside Order dated 14.10.2021 (Annexure A-2) along with SCN dated 26.07.2021 (Annexure A-3), whereby respondent no.2 cancelled his candidature under departmental category as he did not possess a valid driving license for Motorcycle on 23.07.2019, the date fixed for PET&MT as Standing Order No.321/2013 and Advertisement dated 03.03.3018 at Point No.5, under Note-1 for the post of S.I. in Delhi Police only, male candidates must possess a valid driving license for LMV (Motorcycle and Car) on the date fixed for PET&MT and applicant possessed driving license for LMV category (Only for Car) dated 02.08.2016 and no driving license for Motorcycle. So also, the applicant is seeking direction to consider and appoint him to the post of S.I. (Exe.) in Delhi Police, with all consequential benefits.
FACTS IN BRIEF
2. Basic facts that would require notice and not in dispute are that the applicant was appointed as Constable in Delhi Police in year 2010 and pursuant to Advertisement dated 03.03.2018 NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 3 OA 2841/2021 (Annexure A-4) for recruitment of S.I. in Delhi Police, CAPFs and ASI in CISF-Exam-2018, he participated in selection process and declared selected vide Final Result dated 27.05.2021 for S.I. (Exe.)-Male in Delhi Police. Respondent no.2 issued impugned SCN dated 26.07.2021 (Annexure A-2) for cancellation of his candidature against departmental category as it has been found that he produced a copy of driving license in LMV category only for Car dated 02.08.2016 on 23.07.2019, the date fixed for PET&MT, and as per Standing Order No.321/2013 and notification/advertisement dated 03.03.2018 under Point 5, Note-1 for the post of S.I. (Exe.) in Delhi Police Male, the requirement was that candidates must possess a valid driving license for LMV (Motorcycle and Car) on the date fixed for PET&MT. Applicant was also heard on 08.10.2021 by respondents and thereafter cancelled his candidature vide impugned order dated 14.10.2021 (Annexure A-1) as at the time of PET&MT held on 23.07.2019, he did not meet the essential qualification of LMV (Motorcycle and Car) of S.I. (Exe.) in Delhi Police and cancelled the candidature.
ARGUMENTS
3. Learned counsel for the applicant vehemently contended and can be summarized as under -
(i) Applicant appeared as a departmental candidate pursuant to Advertisement dated 03.03.2018 for the post of Sub-
Inspector (Exe.) in Delhi Police against quota for direct recruitment. The respondents issued final result and declared the applicant successful. Respondents issued SCN and cancelled his candidature for want of driving license for LMV (Motorcycle and Car) and there is no provision under the Motor Vehicle Act and Rules for a single license i.e. LMV (Motorcycle and Car).
NARESH NARESH
KUMAR KUMAR AHUJA
2025.10.09
AHUJA 16:58:43+05'30'
4
OA 2841/2021
(ii) As per sub-sec (21) of Section 2 of M.V. Act, 1988,
definition of "L.M.V." means a transport vehicle or a motor car does not exceed 7500 kg and as per sub-sec (27) of Sec.2, definition of "Motorcycle" means a two wheeled motor vehicle and Sec. 10 of the Act, 1988 does not provide for LMV (Motorcycle and Car). Learned counsel further contended that the requirement is contrary to the Act, 1988 as there is no mention to provide combined license of LMV (Motorcycle and Car).
(iii) Applicant has a driving license described as a LMV (Car).
In year 2020, the driving license was modified to include Motorcycle in his LMV-driving license and same was much prior to the declaration of final result.
(iv) Prior to 2013, there was no requirement to have a driving license for direct recruits and till today only for direct recruits made requisite qualification for S.I. (Exe.) where no such requirement was for promotion. Thus, Notification dated 13.03.2013 so far as providing requirement of LMV (Motorcycle and Car) license is illegal and arbitrary. The Notification dated 13.03.2013 amending Recruitment Rules, has not been laid on the Table of any of the House of the Parliament. Therefore, Notification dated 13.03.2013 has not come into force as yet and a specific averment to this extent has been made in OA, but respondents have failed to give specific reply.
(v) The amendment made vide Notification dated 13.03.2013 was not placed before any of the House of the Parliament and process of amendment stands vitiated. Since the amended Rules of 13.03.2013 were not laid before any House of the Parliament, the amended rules cannot take effect w.e.f. 13.03.2013. Thus, these Rules, making LMV (Motorcycle and Car) as mandatory requirement for post of NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 5 OA 2841/2021 S.I. (Exe.), are illegal and unconstitutional having no legal status.
4. Learned counsel for the respondents argued and can be summarized as -
(i) Requirement for the post of S.I. (Exe.) Male in Delhi Police, the terms & conditions of the Advertisement and Recruitment Rules provide that departmental candidates must possess a driving license as L.M.V. (Motorcycle and Car) and the said license should have endorsed both 'Motorcycle and Car', whereas the license possessed by the applicant is LMV for Car only on the cut-off date fixed for PET&MT i.e. 23.07.2019.
(ii) Applicant got endorsed for Motorcycle License in year 2020 and requirement of Advertisement and extant Rule is to possess LMV (Motorcycle and Car) as on date of PET&MT held on 23.07.2019 whereas the applicant did not possess the requisite qualification of LMV (Motorcycle and Car) on the cut-off date fixed for PET&MT.
(iii) Amendment made in Rule-7 of Rules, 1980 vide Notification dated 13.03.2013, has been challenged in OA No.1650/2013 and vide order dated 18.07.2014, the said OA was dismissed, and the Hon'ble High Court and Hon'ble Supreme Court upheld the amendment made vide Notification dated 13.03.2013.
(iv) Applicant has participated in the recruitment process and once unsuccessful in the test, he is estopped from challenging the same in this OA and, hence, the OA deserves to be dismissed.
NARESH NARESH
KUMAR KUMAR AHUJA
2025.10.09
AHUJA 16:58:43+05'30'
6
OA 2841/2021
ANALYSIS AND FINDINGS
5. We have bestowed our anxious consideration on the rival contentions of the learned counsel appearing for both the parties and perused the material available on record.
6. Admitted facts are that the applicant appeared as departmental candidate for the post of S.I. (Exe.) in Delhi Police in year 2018 and possessed driving license dated 02.08.2016, category-LMV (only for Car) as on 23.07.2019 i.e. the date for PET&MT and during Online data verification, it was mentioned that he did not possess driving license for Motorcycle.
7. The main dispute in the present case is that the stand of the applicant that pursuant to Notification dated 13.03.2013 issued in exercise of powers conferred by sub-sec (1) and (2) of Section 147 of the Delhi Police Act, 1978 [for short Act, 1978], amendment of Rule-7 of Delhi Police (Appointment and Recruitment) Rules, 1980 made an essential requirement for departmental candidates i.e. they must possess a valid license for LMV (Motorcycle and Car) on the date fixed for PET&MT. The said amendment i.e. Rules, 2013 dated 13.03.2013 has not been placed before the legislature as required under Sec.148 of Delhi Police Act, 1978 and as such, the amendment in Rules, 2013 making requirement of LMV (Motorcycle and Car) is nullity, and subsequent Standing Order No.321/2018 as well as Point-5, Note-1 of the Advertisement dated 03.03.2018 by SSC for the post of S.I. in Delhi Police only to possess a valid license for LMV (Motorcycle and Car) on the date fixed for PET&MT is also nullity in the eyes of law and applicant be appointed on the post of S.I. with all consequential benefits, whereas stand of the respondents that the applicant was declared selected to the post of S.I. in Delhi Police subject to document verification and after providing reasonable opportunities of hearing to the applicant, it was found that he did not possess a valid LMV driving license NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 7 OA 2841/2021 for Motorcycle and hence did not meet the essential qualification prescribed under valid Rules, 2013.
THE ISSUE
8. The issue which arises for our consideration is "whether the applicant possesses a Light Motor Vehicle License qua Motorcycle and Car, the essential requirement for the post of S.I. (Executive) Male in Delhi Police as per Advertisement dated 03.03.2018, Rules, 2013 and Standing Order No.321/2013?
RULE OF LAW
9. To appreciate the issue arising in the present OA, it will be necessary to notice the relevant provisions of Rule 7 in Delhi Police (Appointment and Recruitment (Amendment) Rules, 2013 for amendment of Rule-7 in the Delhi Police (Appointment and Recruitment) Rules, 1980. Substituted Rule-7 for departmental candidates provides one of the mandatory following requirement, which reads as -
"6. Driving License - candidate must possess a valid driving license for L.M.V. (Motorcycle and Car) on the date fixed for Physical Endurance & Measurement Tests."
10. The amendment of Rule-7 of Rules, 1980 vide Rules, 2013 was published in Delhi Gazette Part-IV (extraordinary), GNCTD vide Notification F-13/11/2012/HP-1/Estt./7966-7971 dated 13.03.2013 (Annexure A-3). So also, after making the amendment in Rule 7 of Rules, 1980 vide Rules, 2013, the same were notified in the Official Gazette. The Fifteenth Lok Sabha XIV Session [05.08.2013 to 06.09.2013] record of proceedings contained in Bulletin-Part-I No.315 dated 05.08.2013 is clear as noon day that copy of Rules, 2013 notifications (Hindi and English versions) under Sub-sec (2) of Sec.148 of the Delhi Police Act, 1978 was laid on the Table. Relevant paragraph 8 of NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 8 OA 2841/2021 the 15th Lok Sabha XIV Session, Bulletin dated 05.08.2013 extracted herein -
"8. 12.05 PM
8. Papers laid on the Table The following papers were laid on the Table:
(21) A copy of each of the following Notifications (Hindi and English versions) under Sub-Section (2) of Section 148 of Section 148 of the Delhi Police Act, 1978:-
(iii) The Delhi Police (Appointment and Recruitment (Amendment) Rules, 2013 published in Notification No.F.13/11/ 2012/HP-1/Estt./7966 to 7971 in Delhi Gazette dated 13th March, 2013."
[Emphasis supplied]
11. Thus, it is clear as noon day that Rule 7 of Rules, 1980 was amended vide Rules, 2013 and one of the essential qualifications for the departmental candidates for promotion to the post of S.I. was "Driving License - for LMV (Motorcycle and Car) on the date fixed for PET&MT and the said amendment vide Rules, 2013 was substituted in Rule 7 of Rules, 1980 in accordance with requirement under Sec.148 of the Delhi Police Act, 1978. The amended Rule 7 of Rules, 1980 was placed on the floor of the House of Parliament as required under Sec.148 of the Delhi Police Act, 1978 and Rule-7 of Rules, 1980 amended vide Rules, 2013 and Standing Order No.321/2013 (Annexure A-7), Rule 7 of Rules, 1980 as well as Point 5, Note-1 of Advertisement dated 03.03.2018 for the post of S.I. in Delhi Police only male candidates must possess a valid LMV (Motorcycle and Car) driving license on date fixed for PET&MT is in accordance with procedure prescribed in law.
12. In case of Subodh Kumar & Ors. Vs. Civil Appeal No.2047 of 2020, decided on 17.03.2020 by Hon'ble Supreme Court, Their Lordships were seisin with controversy in reference to amendment made under Rule 7 and 27A of Rules, 1980 against 10% out of 50% quota vide Notification dated 13.03.2013. Amendment made vide notification dated 13.03.2013 was challenged before this Tribunal and same was disposed of that recruitment rules by the executive or legislative NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 9 OA 2841/2021 in their wisdom. Hon'ble High Court as well as Hon'ble Supreme Court upheld the amended Rules 7 and 27A of Rules, 1980.
13. Now reverting again to the case in our hands that to fill up 361 vacancies for the post of S.I. (Exe.)-Male in Delhi Police, a request was sent to SSC by respondents to notify for examination-2018. The SSC issued advertisement dated 03.03.2018 and eligibility criteria prescribed in Point 5, Note-1 for the post of SI-Male, candidates must possess a valid driving license for LMV (Motorcycle and Car) on the date fixed for PET&MT to be eligible for the post of S.I. in Delhi Police only.
14. Applicant was selected for the post of S.I. in Delhi Police and final result of departmental category candidates of Delhi Police was declared on 27.05.2021 subject to document verification and other formalities. The Delhi Police issued SCN dated 26.07.2021 to the applicant and proposed cancellation of his candidature on account of not possessing driving license towards Motorcycle as on the date of PET&MT, and after providing opportunity of personal hearing, vide impugned Order dated 14.10.2021 his candidature to the post of S.I. in Delhi Police was cancelled.
15. Undisputedly, during document verification on 10.03.2021 conducted by SSC, the Commissioner prepared an Online Data Verification Sheet and categorically mentioned that applicant did not possess driving license for Motorcycle on the cut-off date i.e. 23.07.2019 for PET&MT.
16. Admittedly, the applicant did not fulfill essential qualification, a valid LMV Driving License (Motorcycle and Car) at the time of PET&MT and respondents, after providing reasonable opportunity of hearing i.e. SCN dated 26.07.2021 and personal hearing on 08.10.2021, passed the impugned Order dated 14.10.2021 (Annexure A-1) and found that applicant at the time of PET&MT on 23.07.2019 only possessed a copy of driving license for LMV (only for Car) and did not NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 10 OA 2841/2021 meet essential qualification of S.I. (Exe.) in Delhi Police. Therefore, his candidature was rightly cancelled by the respondents.
17. Applicant did not possess a license for Motorcycle on the cut-off date i.e. 23.07.2019 as a valid driving license of LMV for Motorcycle and Car was an essential requirement for the post of S.I. in Delhi Police for departmental candidates as that of the applicant under the Statutory Rule-7 of Rules, 1980; Standing Order No.321/2013 as well as under Point 5, Note-1 of the Advertisement dated 03.03.2018 for the post of S.I. (Exe.).
18. Section 10 of Motor Vehicle Act, 1988, reproduced as -
"10. Form and contents of licences to drive.--(1) Every learner's licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government.
(2) A learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:--
(a) motor cycle without gear;
(b) motor cycle with gear;
(c) invalid carriage;
(d) light motor vehicle;
[(e) transport vehicle;]
(i) road-roller;
(j) motor vehicle of a specified description."
[Emphasis supplied]
19. Sub-section (2) of Section 10 of Act, 1988, reproduced hereinabove, is clear as noon day that under Act, 1988 even for Motorcycle, there are classes for issuance of separate licenses for motorcycle with gear and motorcycle without gear and for other light motor vehicles are also set out in sub-sec. (2) of Sec.10 of M.V. Act, 1988. Undisputedly, the applicant did not possess a valid LMV for Motorcycle as on cut-off date and no interference is warranted in the present OA.
20. Much emphasis has been placed by the learned counsel for the applicant that the applicant possessed a driving license, LMV for Car and description as to LMV (Motorcycle and Car) is not in consonance with Act, 1988. So also, he further NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 11 OA 2841/2021 emphasized that notification dated 13.03.2013 has not been laid before any of the House of the Parliament in accordance with sub-sec (2) of Sec.148 of Act, 1978, hence, the requirement for driving license- LMV (Motorcycle and Car) is vitiated and Rule-7 of Rules, 1980 amended vide Rule 2013, is nullity.
21. Sub-sec (21) of Section 2 of the Act, 1988 provides definition for LMV which means a transport vehicle or a Motor- car does not exceed 7500 kg., whereas sub-sec. (27) of Section 2 of Act, 1988 provides for definition of Motorcycle, which means a two-wheeled motorcycle. The requisite essential qualification as per Rule 7 of Rules, 1980 and Point 5, Note-1 of advertisement dated 03.03.2018 for post of S.I. (Exe.) Male in Delhi Police, is that candidates must possess a valid driving license for Car and also for Motorcycle as on cut-off date for PET&MT. Sub-Section (2) of Section 10 of the Act, 1988 provides for various classes of driving license i.e. for motorcycle without gear and motorcycle with gear and separate license for light motor vehicle. Under sub-sec (21) of Sec.2 of Act, 1988, LMV means a transport-vehicle or motor car and applicant had possessed driving license i.e. LMV (only for Car) and did not possess driving license for Motorcycle as evident from the copy of driving license LMV dated 02.06.2016 (Annexure A-8). On the cut-off date i.e. 23.07.2019, applicant possessed only LMV driving license for Car dated 02.06.2016 and after cut-off date of 23.07.2019, the applicant acquired license on 03.09.2020 for Motorcycle with gear and LMV for non-transport-category. Admittedly, the applicant did not possess a valid driving license for LMV for Motorcycle as on 23.07.2019 and merely possessing LMV (Car) license on 03.09.2020 after cut-off date 23.07.2019, would not entitle him for offer of appointment. So also, the Circular dated 16.04.2018 is not applicable as same relates to obtaining transport license. So also, it is the fact of the matter that the amendment made to Rule-7 of Rules, 1980 vide amendment Rules, 2013 has already been placed before the NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 12 OA 2841/2021 House of the Parliament as required under sub-sec (2) of Sec. 148 of Act, 1978 and same is in consonance with the procedure prescribed in Act, 1978. We do not find any force in the submissions of learned counsel for the applicant.
22. In Dhananjay Malik Vs. State of Uttaranchal (2008) 4 SCC 171, Hon'ble Supreme Court held that having unsuccessfully participated in the process of selection without any demur, candidates are estopped from challenging the selection criterion and if they had any valid objection, they should have challenged the advertisement and selection process without participating in the selection.
23. The issue involved in this case in our hands is no more re- integra and qualified by judicial pronouncement of our own Hon'ble High Court of Delhi in case of Shri Arvind Kumar Vs. Staff Selection Commission & Anr. WP(C) No.13736/2021, Their Lordships vide judgment dated 16.12.2021 upheld the Order dated 13.07.2021 passed by this Tribunal in OA No.1285/2021, arising out of same advertisement dated 03.03.2018 involving identical issue in law and facts. Relevant paragraphs 4.1 and 4.2 reads as -
"4.1 A perusal of sub-section (2) of Section 10 of the M.V. Act, 1988 would show that licenses are issued for various classes. As a matter of fact, even for motorcycle, there are two separate classes i.e., motorcycle without gear or motorcycle with gear. Clearly, other vehicles are separately set out in sub-section (2) of Section 10 of M.V. Act, 1988. 4.2 Concededly, on the cut-off date i.e. 09.09.2019, the petitioner was unable to obtain a license for motorcycle, which was a requirement under the advertisement issued for the subject post i.e., post of Sub-Inspector available with the Delhi Police."
(Emphasis supplied] CONCLUSION
24. We have already analyzed in detail the issue and in light of aforesaid analysis and covered case, we decide the issue against the applicant and in favour of the respondents. The impugned amendment dated 13.03.2013 in Rule-7 of Delhi Police (Appointment & Recruitment) Rules, 1980, Standing Order NARESH NARESH KUMAR KUMAR AHUJA 2025.10.09 AHUJA 16:58:43+05'30' 13 OA 2841/2021 No.321/2013 and Point-5, Note-1 of Advertisement dated 03.03.2018, Order dated 14.10.2021 and SCN dated 26.07.2021 do not suffer from any infirmity, remain unassailable and the applicant is not entitled to the relief sought by him in the present OA. Hence, interference is declined.
25. Resultantly, the Original Application being devoid of merit is accordingly dismissed.
26. There shall be no order as to costs.
27 As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stand closed.
(Ajay Pratap Singh) (Chhabilendra Roul)
Member (J) Member (A)
/na/
NARESH NARESH
KUMAR KUMAR AHUJA
2025.10.09
AHUJA 16:58:43+05'30'