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Mohit Kumar & Ors vs Union Of India & Ors on 24 November, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Asha Menon

$~VC-S-8 to 10
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P. (C) 9253/2020
       MOHIT KUMAR & ORS.                         ..... Petitioners
                        Through: Mr.Sai Deepak, Advocate
                                 Versus
       UNION OF INDIA & ORS.                      ..... Respondents
                        Through: Mr. Sushil Kumar Pandey, SPC.
                                 Mr. Naresh Kaushik & Mr. Vardhman
                                 Kaushik, Advocates for UPSC.

                                            AND
+      W.P. (C) 9254/2020
       SONU KUMAR & ORS.                                          ..... Petitioners
                        Through:                 Mr.Sai Deepak, Advocate
                                                 Versus
       UNION OF INDIA & ORS.                                      ..... Respondents
                     Through:                    Mr. Gaurav Varma, Advocate for R-1
                                                 & R-3.
                                                 Mr. Naresh Kaushik & Mr. Vardhman
                                                 Kaushik, Advocates for UPSC.

                                            AND
+      W.P. (C) 9255/2020
       SHUBHAM UTTAKARSH & ORS.                   ..... Petitioners
                        Through: Mr.Sai Deepak, Advocate

                                                 Versus
       UNION OF INDIA & ORS.                                       ..... Respondents
                     Through:                    Mr. Vijay Joshi, Advocate for R-1 &
                                                 R-3.
                                                 Mr. Naresh Kaushik & Mr. Vardhman
                                                 Kaushik, Advocates for UPSC.
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
       HON'BLE MS. JUSTICE ASHA MENON



W.P. (C) Nos. 9253/2020, 9254/2020 & 9255/2020                       Page 1 of 4
                                ORDER

        %                      24.11.2020

[VIA VIDEO CONFERENCING]

C.M. Appln. No.29849/2020 (Exemption from filing notarized affidavits, original/certified/true-typed copies of documents, dim photocopies and documents without adequate left margin) in W.P (C) 9253/2020 C.M. Appln. No.29851/2020 (Exemption from filing notarized affidavits, original/certified/true-typed copies of documents, dim photocopies and documents without adequate left margin) in W.P (C) 9254/2020 C.M. Appln. No.29853/2020 (Exemption from filing notarized affidavits, original/certified/true-typed copies of documents, dim photocopies and documents without adequate left margin) in W.P (C) 9255/2020

1. Allowed, subject to just exceptions and as per extant rules.

2. The applications are disposed of.

W.P. (C) 9253/2020, C.M. Appl. Nos.29848/2020 (of the petitioners for interim relief), W.P. (C) 9254/2020, C.M. Appl. Nos.29850/2020 (of the petitioners for interim relief) & W.P. (C) 9255/2020, C.M. Appl. Nos.29852/2020 (of the petitioners for interim relief)

3. The total of 28 petitioners in these three petitions, are aggrieved from cancellation of their candidature for the post of Assistant Commandant in the Central Armed Police Forces (CAPFs) in the Economically Weaker Section (EWS) category, for the reason of the certificates filed by them to show that they belong to the EWS category being not compliant with the requirements.

4. We had occasion to pronounce on another such matter viz. Gaurav Singh Vs. Union of India MANU/DE/2016/2020.

5. The counsel for the respondent No.2 Union Public Service Commission (UPSC), appearing on advance notice states, that since then some policy has been evolved to condone some of the defects in the certificates and he will have the case of each of the petitioners examined and inform the court, which of them can submit fresh documents and which of them cannot be given such opportunity.

6. The counsel for the petitioners states that though the petitioners alongwith the petitions have already filed all the documents but he will, by today evening, furnish to the counsel for the respondent No.2 UPSC, in a tabular form, the particulars of each of the 28 petitioners including the reasons for which the certificates have been rejected.

7. The counsel for the respondent No.2 UPSC states that he will need two days' time thereafter to have the matter examined.

8. Till then, the petitioners be interviewed, provisionally and subject to further orders in these petitions.

9. The counsel for the respondent No.2 states that 26th November, 2020 is the last date for holding interviews.

10. Some of the petitioners have not even been called for interview, while others have been called in the general category.

11. The counsel for the respondent No.2, to communicate to the petitioners as well as to Mr. Avinash Kumar Sharma, counsel for the petitioners, the date, time and place for the petitioners to appear in the interview.

12. A copy of this order be emailed to the counsel for the respondent No.2 UPSC today itself.

13. List on 7th December, 2020.

RAJIV SAHAI ENDLAW, J ASHA MENON, J NOVEMBER 24, 2020 Ck..