Delhi High Court - Orders
Union Public Service Commission vs Ali Raza & Ors on 7 April, 2026
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4171/2026
UNION PUBLIC SERVICE COMMISSION .....Petitioner
Through: Mr. Ravinder Agarwal, Mr.
Manish Kumar Singh and Mr. Vasu
Agarwal, Advs.
versus
ALI RAZA & ORS. .....Respondents
Through: Mr. Brijesh Kumar Tamber,
CGSC with Mr. Vinay Kaushik, GP, Ms.
Arani Mukherjee and Mr. Vinay Singh Bist,
Advs. for R-2 and 3.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER
% 07.04.2026 CM APPL. 20383/2026 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 4171/2026
3. This writ petition is directed against order 16 October 2025 passed by the Central Administrative Tribunal1 in OA 1018/2018.
4. Mr. Ravinder Agarwal, learned Counsel appears on behalf of W.P.(C) 4171/2026 Page 1 of 6 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 09/04/2026 at 20:56:22 the petitioner and Ms. Arani Mukherjee, learned Counsel appears on behalf of Respondents 2 and 3.
5. The dispute relates to the eligibility of Respondent 1 for appointment as Scientist 'B' (Documents) in the Central Forensic Science Laboratory2.
6. Respondent 1 underwent the Junior Research Fellow3 post in Delhi University from 19 January 2010 to 18 January 2012 and Senior Research Fellow4 post in Delhi University from 19 January 2012 to 17 March 2014.
7. The Notification 19/2016 which was issued by the Union Public Service Commission5 for the post of Scientist 'B' (Documents) in the CFSL specified the essential qualifications as a Master's Degree in Chemistry and three years' experience in analytical methods and research in the field of Documents in a Central or a State organization, a recognized research institute or a forensic science laboratory. Additionally, experience of working in a forensic science laboratory was specified as a desirable qualification.
8. Respondent 1 applied for the post. His candidature was rejected on 22 November 2017 on the ground that he had not attached an experience certificate for the courses of JRF and SRF undertaken by him with the Delhi University.
1 "the Tribunal", hereinafter 2 "CFSL", hereinafter 3 "JRF", hereinafter 4 "SRF", hereinafter 5 "UPSC", hereinafter W.P.(C) 4171/2026 Page 2 of 6 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 09/04/2026 at 20:56:22
9. Thereafter, Respondent 1 wrote to the petitioner/UPSC on 1 December 2017 enclosing the JRF and SRF experience certificates issued by the university.
10. On 4 January 2018, the UPSC issued the order against which Respondent 1 approached the Tribunal. Respondent 1's candidature was cancelled on the ground that the certificate issued by the University did not contain the nature of his duties or research work as required by the advertisement and was, therefore, in the nature of an incomplete application.
11. Aggrieved thereby, Respondent 1 approached the Tribunal. The Tribunal has set aside the cancellation of Respondent 1's candidature and directed that the Respondent 1 be considered and be appointed against the post in case found suitable.
12. The UPSC has challenged the said decision before us by means of the present writ petition. The main contention of the UPSC, as advanced in the writ petition, is that the experience certificate issued by the Delhi University is not in terms of the requirements in the advertisement.
13. We have compared the applicable clause with the certificate. Clause 6(A)(d) of the advertisement reads thus:
"6(A)(d) Certificate(s) in the prescribed proforma from the Head(s) of Organization(s)/Department(s) for the entire experience claimed, clearly mentioning the duration of employment (date, month & year) indicating the basic pay and consolidated pay. The W.P.(C) 4171/2026 Page 3 of 6 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 09/04/2026 at 20:56:22 certificate(s) should also mention the nature of duties performed/experience obtained in the post(s) with duration(s). Experience Certificate should be issued in prescribed format relevant to the post. Experience certificate not in prescribed proforma but containing all the details as mentioned above would be considered on merits by the Commission."
14. The certificate which was submitted by Respondent 1 reads as under:
"Experience Certificate TO WHOMSOEVER MAY CONCERN This is to certify that Ali Raza, son of Mr. Zihanat Husain, Address: C-60/61, SF-2, Pandav Nagar Complex, Delhi-110092, is known to me. He has worked with me from 19/05/2010 to till date. He joined as a Junior Research Fellow in may group and continuing as a Senior Research Fellow.
I found him a sincere, honest, hardworking, dedicated research fellow with a professional attitude and good scientific knowledge.
I wish him all the best and success in future career endeavors.
Sd/-
Dr. Basudeb Saha Associate Professor Department of Chemistry University of Delhi Delhi-110007 Phone: 011-27667794 Email: [email protected]"
15. Prima facie¸ the certificate issued by the Delhi University does not specify the nature of the work undertaken by Respondent 1 and does not, therefore, conform to clause 6(A)(d).
16. As such, the petitioner has made out a prima facie case in its W.P.(C) 4171/2026 Page 4 of 6 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 09/04/2026 at 20:56:22 favor. Applying the principles of prima facie case read with balance of convenience and irreparable loss, a case for grant of ad interim relief exists.
17. Accordingly, issue notice to show cause as to why rule nisi be not issued.
18. Notice is accepted on behalf of Respondents 2 and 3 by Ms. Arani Mukherjee.
19. Let notice be issued to Respondent 1 by all modes. Additionally, let notice be served through learned Counsel who appeared on behalf of Respondent 1 before the Tribunal.
20. Counter affidavit, if any, may be filed within four weeks with advance copy to learned Counsel for the petitioner, who may file rejoinder thereto, if any, within four weeks thereof.
21. List on 1 September 2026.
CM APPL. 20382/2026 (for stay)
22. Issue notice.
23. Notice is accepted on behalf of Respondents 2 and 3 by Ms. Arani Mukherjee.
24. Let notice be issued to Respondent 1 by all modes.
W.P.(C) 4171/2026 Page 5 of 6This 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 09/04/2026 at 20:56:22 Additionally, let notice be served through learned Counsel who appeared on behalf of Respondent 1 before the Tribunal.
25. Reply, if any, may be filed within four weeks with advance copy to learned Counsel for the petitioner, who may file rejoinder thereto, if any, within four weeks thereof.
26. List on 1 September 2026.
27. Till the next date of hearing, the operation of the impugned judgment passed by the Tribunal shall stand stayed.
C. HARI SHANKAR, J.
OM PRAKASH SHUKLA, J.
APRIL 7, 2026/gunn W.P.(C) 4171/2026 Page 6 of 6 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 09/04/2026 at 20:56:22