Delhi High Court - Orders
Vishal Sharma vs Govt. Of Nct Of Delhi And Ors on 15 February, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 226/2022, CM APPL.No.7805/2022
VISHAL SHARMA ..... Petitioner
Through : Mr.Yogesh Kumar Mathur, Advocate.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through : Mrs.Avnish Ahlwat, Mrs.Tania
Ahlawat Mr.Nitesh Kumar Singh and
Mr.Siddhant Tyagi, Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 15.02.2022
1. The hearing has been conducted through Video Conferencing.
2. With the consent of learned counsel for parties, the main petition itself heard finally.
3. This Writ petiton is filed with the following prayers:
"i) Call for the Records of the case.
ii) Issue a writ of certiorari directing the Respondent to re-
conduct Driving test of the Petitioner from any independent authorised third party, as he has been assessed as Zero out ofEighty marks in the Driving test (Practical) inspite of performing well in the practical test.
iii) Issue a writ of mandamus directing the respondents to allow the petitioner to appear for the interview which is scheduled for 8th January 2022 and further process of appointment."
4. The petitioner has filed this petition for his grievance related to appointment to the post of Process Server (Post Code A-6). He seeks Writ of Certiorari directing the respondents to re-conduct driving test of the petitioner from any independent authorized third party, as he has been assessed as zero out of eighty marks in the practical driving test by the respondent/Department in-spite of performing well in the practical Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL W.P.(C) 226/2022 Page 1 of 6 Signing Date:17.02.2022 15:04 testthereby rendering him ineligible for the post of Process Server (Post Code A-6) and for issuance of a Writ of Mandamus directing the respondents to allow the petitioner to appear for the interview which is scheduled for 8th January 2022 and allow the petitioner to participate in further process of appointment i.e., Tier-I, Tier-II and Tier-III.
5. It is stated the driving test was only of qualifying nature and the minimum qualifying marks were not quantified and thus the rejection of the petitioner is incorrect as the petitioner claims to be expert in driving and has been driving four wheeler for years together and even performed well in the practical exam, but has been arbitrarily rejected by the respondents as he has been awarded zero out of eighty marks. The respondent department themselves did not quantify the qualifying marks for the driving test and thus there seems to be ambiguity in the marking system itself rendering the petitioner ineligible and his candidature being rejected.
6. I have examined the result produced before this Court in sealed cover which shows the petitioner failed in the driving test.
7. Admittedly, 10796 candidates including petitioner had applied online for the post of process server and Tier-I/MCQ objective test was conducted on 29.08.2021. Out of 10796 candidates, 1284 candidates including petitioner was declared as qualified in the Tier-I/MCQ objective test. As per advertisement candidates who qualified the MCQ test were called for driving test which was qualifying in nature.
8. Office of the Principal District & Session Judge (HQs), Delhi also uploaded a notice dated 23.09.2021 wherein the eligible candidates were informed that the driving test shall be qualifying only and will comprise of testing practical driving skills and theory test viz. general knowledge on Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL W.P.(C) 226/2022 Page 2 of 6 Signing Date:17.02.2022 15:04 traffic rules & regulations, traffic symbol etc. The driving test was conducted in various batches between 06.10.2021 to 01.11.2021. The Institute of Driving & Traffic Research (IDTR) was engaged for conducting driving test. The IDTR is a joint venture between Department of Transport, GNCTD and Maruti Suzuki India Ltd. and it had scientifically engineered training and testing tracks of International standard and is successfully conducting the driving test for various posts in Supreme Court of India, High Court of Delhi, DTC, DSSSB and many other public bodies.
9. The petitioner obtained 76.50 marks out of 100 marks in MCQ Tier-I test. He was called for driving test on 06.10.2021 at Institute of Driving & Traffic Research (IDTR), Sarai Kale Khan, Delhi.
10. The following procedure was adopted by the IDTR for conducting the Driving Test for the post of Process Server:
(i). The test was conducted on Car as the test is LMV type.
(ii). To qualify the practical driving test, the candidates were asked to make four formations on the track in the specified time and movements. The details of the formation and allotted time is as under:
S.No. Name of Maximum Allowed Number of Permitted Track time (No. of Kerb Hit Rolling Allocated in times car allowed. back (in Seconds. moved in inches) forward/ reverse directions)
1. Forward-S 60 0 2 -
2. Right Hand 90 2 2 -
Parallel Parking
3. Left Hand 90 2 2 -
Perpendicular Parking Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL W.P.(C) 226/2022 Page 3 of 6 Signing Date:17.02.2022 15:04 4. Gradient 60 - - 12
(iii). All the candidates appearing for the test as per the schedule were briefed about the track information, time limits and permissible mistakes.
(iv). Candidates who did not complete any one of the four formations in the prescribed/ allotted time limit and/or made mistakes more than the permitted mistakes have been disqualified and awarded zero marks.
(v). Candidates who completed all the four formations in prescribed/allocated time limit with permissible mistakes have been awarded marks considering their performance, time consumed and mistakes.
(vi). Driving test was of total 100 marks comprising of Practical Test of 80 marks and Theory Test of 20 marks. A candidate to qualify the Driving Test is required to score 60% or above in both Practical and Theory test separately i.e. 48 marks in Practical and 12 marks in Theory Test. If any candidate fails in either test then he is considered as Failed.
(vii). That grades in Driving Test have been awarded as follow:
Grade Marks
A 91-100
B 81-90
C 71-80
D 61-70
FAIL <60 in total or failed in
Practical Test (<48) or,
failed in Theory Test (<12).
Signature Not Verified
Digitally Signed By:VIJAYA
LAKSHMI DOBHAL W.P.(C) 226/2022 Page 4 of 6
Signing Date:17.02.2022 15:04
11. The petitioner/Vishal Sharma had not completed the formation of Right Hand Parallel Parking within the prescribed time limit of 90 seconds and has taken 93 seconds to complete the formation and therefore, he has been failed and disqualified in the Driving test. He was awarded zero mark.
12. Out of 1284 candidates, 788 candidates qualified the driving test and 778 candidates were called for Tier-III/Interview considering the criteria adopted for the available vacancies which is to be conducted on 20.02.2022 at Tis Hazari Court Complex, Delhi.
13. It is pertinent to mention it was mandatory to qualify all the rounds of the driving test for the post of process server, however, the petitioner herein could not complete the second round of formation i.e. Right Hand Parallel Parking within prescribed time limit i.e. 90 seconds and has taken 93 seconds to complete the same and therefore, he was failed and awarded zero marks in the driving test. A bare perusal of the result, filed in sealed cover before this Court, will show that candidates at serial Nos. 1 and 2 also failed in driving test and awarded zero marks in practical test of driving. All candidates who failed in practical test have been awarded zero marks and therefore did not qualify for interview.
14. I have examined the result of driving test for the post of process server. It is not only this applicant but various other applicants did not get a single mark in such test. The statement of petitioner that he has been arbitrarily chunked out is thus not supported by any evidence and merely he is having a valid driving license would not mean he in all probability would have crossed the barriers as put to him in such test.
15. In view of the above, the petition has no merit and is accordingly Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL W.P.(C) 226/2022 Page 5 of 6 Signing Date:17.02.2022 15:04 dismissed. Pending application(s), if any, also stand disposed of.
16. Earlier date fixed stands cancelled.
YOGESH KHANNA, J.
FEBRUARY 15, 2022 DU Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL W.P.(C) 226/2022 Page 6 of 6 Signing Date:17.02.2022 15:04