Ganga Ram vs Delhi Subordinate Services Selection Board And Ors

Raj Vir Sharma, J

The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

"...this hon'ble tribunal may kindly direct respondents to consider candidature of applicant for the post of warder (post code - 37/13), thereby allowing the applicant to take the physical endurance test scheduled to be held from 12/2/2018 to 16/2/2018 at Sports Complex, Chhatrasal Stadium, Model Town, Delhi."

He has also prayed for the following interim relief:

"......this hon'ble tribunal may kindly direct respondents to consider candidature of applicant for the post of warder (post code- 37/13), thereby allowing the applicant to take the physical endurance test scheduled to be held from 12/2/2018 to 16/2/2018 at Sports Complex, Chhatrasal Stadium, Model Town, Delhi..."

It is the case of the applicant that he is an OBC candidate for selection and recruitment to the post of Warder in Delhi Prison Department, Government of NCT of Delhi, pursuant to the Advertisement No.02/2013 (Post Code 37/2013) issued by the respondent-Delhi Subordinate Services Selection Board(DSSSB). On the basis of his performance in the written examination, he was shortlisted for Physical Endurance Test (PET). On 1.7.2016, at 5.10 P.M., he received SMS from the respondent-DSSSB on his mobile for downloading Admit Card for PET from dsssbonline.nic.in. As per the Admit Card for PET downloaded by him from the website of the respondent-DSSSB, he was called upon to report at the examination centre: Chatrasal Stadium, Gate No.2, Model Town, Delhi 110009, on 2.7.2016, from 2.00 P.M. to 3.00 P.M. Accordingly, he reported at the said examination centre and participated in the PET. Thereafter, the applicant, vide his application dated 5.7.2016, under the RTI Act, requested the PIO of the respondent-DSSSB to provide him information as to why the said SMS was given to him on 1.7.2016 at 5.10 P.M to appear for PET on 2.7.2016, from 2.00 P.M. to 5.00 P.M.. He also requested the said PIO to furnish him the information as to the merit/cut-off marks for UR, OBC, SC and ST candidates who were shortlisted for PET. Thereafter, he approached the First Appellate Authority and Second Appellate Authority under the RTI Act, when the PIO of the respondent-DSSSB did not provide him the information required by him. While so, the applicant, vide his representation dated 2.5.2017 (Annexure A-10), requested the respondent-DSSSB to grant him one more opportunity/chance to appear for PET, as the time gap between the communication of the said SMS dated 1.7.2016 (5.10 P.M.) and the date and time of PET (2.7.2016, from 2.00 P.M. to 5.00 PM) was less than 24 hours, for which he felt tired and could not qualify the PET conducted on 2.7.2016. Referring to the letter dated 22.1.2018 (Annexure A-12) received from the PIO of the respondent-DSSSB under the RTI Act, the applicant has stated that the last OBC category candidate selected for the post of Warder had scored 112.25, whereas he had scored 115.50 marks in the written examination. Referring to the notice dated 10.1.2018 (Annexure A-11) issued by the respondent-DSSSB, the applicant has stated that the respondent-DSSSB has shortlisted some of the candidates for Post Code 37/2013 to appear for PET scheduled to be held on and from 12.2.2018 to 16.2.2018 at Sports Complex, Chatrasal Stadium, Model Town, Delhi, and has advised those candidates to download their Admit Cards from the DSSSB's website for the same. It is, thus, claimed by the applicant that when he had scored 115.50 marks in the written examination, the respondent-DSSSB ought to have granted him an additional opportunity to appear for PET scheduled to be conducted on and from 12.2.2018 to 16.2.2018, and that non-grant of such an additional opportunity to him to appear for the PET is violative of Article 16 of the Constitution of India.

After considering the averments made in the O.A. as well as the documents filed by the applicant along with the O.A., and upon hearing Mr.R.P.S.Bhati, learned counsel appearing for the applicant, we do not find any substance in the claim made by the applicant in the present O.A. There is no averment made by the applicant in the O.A. that those candidates, who have been shortlisted by the respondent-DSSSB to appear for PET, vide notice dated 10.1.2018 (Annexure A-11), had earlier appeared but failed to qualify the PET, like the applicant. It transpires from the notice dated 10.1.2018(Annexure A-11) that on the basis of their performance in the written examination for the post of Warder (Post Code 37/13), the respondent-DSSSB has declared certain additional candidates to have provisionally qualified for PET and has accordingly scheduled the PET to be held on and from 12.2.2018 to 16.2.2018 for them only, and not for the candidates, like the applicant, who had earlier appeared but failed to qualify the PET in the year 2016. The applicant has not brought to our notice any provision in the Advertisement/employment notice (ibid) that in the event of failure of any candidate to qualify PET, the respondent-DSSSB can subsequently allow such candidate to again appear for PET. Having failed to qualify the PET held on 2.7.2016, the applicant cannot be said to have any right to claim an additional opportunity to appear for PET.

In the light of our above discussion, we do not find any merit in the O.A. Accordingly, the O.A. is dismissed at the stage of admission itself.