Delhi High Court - Orders
Ravi Kumar vs Department Of Space And Ors on 7 September, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~14(2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CM No.30126/2021 in
+ W.P.(C) 2659/2019
RAVI KUMAR ..... Petitioner
Through : Petitioner in-person.
versus
DEPARTMENT OF SPACE AND ORS. ..... Respondents
Through : Mr. Anil Soni, CGSC for Mr. Sanjay
Jain, ASG.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 07.09.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM No.30126/2021
1. This is an application filed by the petitioner, who appears in-person.
2. The petitioner, via this application, inter alia, seeks a direction that, his writ petition should be allowed, summarily. 2.1. In other words, he seeks setting aside of the impugned order dated 25.07.2018, passed by the Central Administrative Tribunal (in short 'the tribunal'), in O.A. No.2662/2017.
3. Ordinarily, we would have dismissed this application in limine, in view of the fact that the main writ petition is pending.
W.P.(C) 2659/2019 page 1 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:09.09.2021 12:44:50
4. The reason why we are issuing notice in this application is that, one of the premises on which the impugned order has been passed is: out of the total 124 maximum marks, earmarked for selection of candidates to the post of Administrative Officer (in short 'AO'), albeit via direct recruitment, the normalization of marks obtained candidates was carried out using 60 marks as the measure.
4.1. The petitioner has drawn our attention to the report of the committee, which was constituted by the Indian Space Research Organisation (ISRO) vide order dated 27.11.2006, to finalise the modalities for conducting written test for direct recruitment qua subject post, which is, appended to the additional affidavit filed by respondent no. 1. This report shows that, the normalization was to be carried out using 100 marks as the measure. [See page 514 of volume-2 of the case file.]
5. This apart, we notice that, the merit of the candidates was ascertained by allocating 60% marks for written examinations and 40% for interview. We may also add that, according to the petitioner, the said allocation of marks was not indicated in the subject advertisement, which is dated, 04.10.2016.
5.1. To our minds, prima facie, the weight accorded to the interview is abnormally high. The Supreme Court, in several judgments, has deprecated such practice. [See Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722] W.P.(C) 2659/2019 page 2 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:09.09.2021 12:44:50
6. We may also note that, one of the submissions of the petitioner is that, respondent no.3, who was declared successful in the interview, had failed in the written examination, despite which his candidature for the subject post was accepted by the official respondents.
7. Accordingly, issue notice in the application to the non- applicants/respondents.
7.1. Mr. Anil Soni accepts notice on behalf of respondent nos. 1 and 2 i.e., the official respondents.
7.2. On steps being taken, notice shall be issued to respondent no. 3 i.e., the private respondent.
7.3. The respondents will file reply(ies) to the application, within two weeks from the date of receipt of notice. Rejoinder(s) thereto, if any, will be filed before the next date of hearing.
8. Mr. Soni will place before the court, prior to the next date of hearing, the record concerning the examination conducted qua the subject post.
9. List the application on 17.11.2021.
W.P.(C.) 2659/2019, C.M. Nos.12342-43/2019, 24965/2020, 2411/2021, 8180/2021
10. Since, we are told that, the pleadings are complete in the matter, the writ petition will also be listed before Court on the aforesaid date i.e. 17.11.2021.
11. Counsel for the parties will file the written submissions not exceeding three pages each, at least, three days before the next date of hearing.
RAJIV SHAKDHER, J
TALWANT SINGH, J
SEPTEMBER 7, 2021/aj Click here to check corrigendum, if any
W.P.(C) 2659/2019 page 3 of 3
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:09.09.2021
12:44:50