Anubhav Sharma vs Staff Selection Commission & Others

L. Narasimha Reddy, J

The selection for the post of Constable (Executive) in the Delhi Police against 5846 vacancies was entrusted to the Regional Director, Staff Selection Commission (SSC), NR, the 2nd respondent herein. The reservation in favour of Economically Weaker Section (EWS) was introduced this year and 343 vacancies are meant for that. The applicant states that he belongs to EWS category, and when he made an attempt to submit the application through online, the computer is not accepting the command as regards the EW reservation. According to him, he submitted an application through online in the previous year, at a time when there was no reservation in favour of the EWS and the system is not accepting any change in the form submitted earlier.

The applicant submitted a representation to the respondents on 17.08.2020 narrating his grievance. The last date for submission of application in 07.09.2020. In this background, he filed the present OA.

The OA was listed for hearing on 25.08.2020 and Shri Gyanendra Singh, learned counsel for the respondents took notice. He sought time to obtain instructions.

Today, we heard Shri Yogesh Sharma, learned counsel for the applicant and Shri Gyanendra Singh, learned counsel for the respondents.

The limited grievance of the applicant is that the system is not permitting him to make the entry under EWS category. The reason is stated to be that he submitted an application in the last year through online when the EWS reservation wasnot there, and when he made an attempt to introduce that aspect now, it is not accepting it.

The difficulty expressed by the applicant is somewhat limited. The question as to whether he is precluded or disabled from making entries against the relevant column, can be examined by a responsible officer in the office of the 2nd respondent. Though, learned counsel for the respondents submits that the applicant cannot be permitted at this stage, to alter the entries once he uploaded in the form, we are of the view that the grievance of the applicant needs to be addressed by a responsible officer in the 2nd respondent organization. No harm would be done to any one in case such opportunity is given.

It would have been a different matter altogether had the OA been filed after the expiry of the last date of submission of applications. The applicant filed the OA well in advance and even now one week time is there for submission.

We, therefore, dispose of the OA directing that -

(a) the applicant shall approach the office of the 2nd respondent on 03.09.2020 at 10:30am.

(b) the Regional Director shall identify an officer to assist the applicant to upload the relevant entries in the form.

(c) Once that is done, the application so submitted by the applicant shall be treated as the basis and not the one earlier.

There shall be no order as to costs.