Rahul Mangrol vs Govt. Of NCT Of Delhi & Ors

Manish Garg, Member (J)

The present O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking following reliefs:-

“8. Relief(s) Sought:

i. To direct the respondents to allow the applicant to participate in the examination of Lower division clerk on any other dates which is falling from 14.10.2025 to 04.11.2025 instead of 13.10.2025 and respondents be directed to issue a fresh admit card to the applicant accordingly.

ii. To direct the respondents to change the schedule of examination thereby giving/ fixing another date as the examination is continued to go upto 04.11.2025.

iii. To pass any other and further orders which this Hon'ble tribunal deems fit and proper under the facts and circumstances of the case.

Interim relief:

Pending final disposal of the case the applicant most respectfully prays that this Hon'ble tribunal may graciously be pleased to direct the respondents to issue another admit card which indicates another dates like as 14.10.2025, 16.10.2025, 17.10.2025, 21.10.2025, 22.10.2025, 23.10.2025, 31.10.2025, 03.11.2025 and 04.11.2025 instead of 13.10.2025, in the interest of justice and equity. In case another admit card is not issued the applicant shall suffer irreparable loss and injury which cannot be compensated in any manner. The applicant has prima facie good case and balance of convenience lies in his favour and he is likely to clear the examination besides three ingredients in view of another ingredients i.e. doctrine of necessity interim order is permissible to be granted by this Hon'ble tribunal.

Considering the prayer made in the O.A. as well as the interim prayer, so made by the applicant the present matter can be disposed of at the admission stage itself.

It is the contention of the learned counsel for the applicant that the applicant applied for appearing in the examination of RRB NTPC Graduate 2025 CBT-2 and as he cleared CBT-1 of the exam conducted by NTPC, he has to appear in the CBT-2 examination on 13.10.2025, the same date the DSSSB issued admit card for the post code 802/23. Now, since the examination of DSSSB post code 802/23 is being held on different dates, the applicant wants to change date of examination falling on 03.11.2025/04.11.2025.

Opposing the grant of relief, learned counsel for the respondents relies upon para 10 (v) of the advertisement dated 22.12.2023 which reads as under:

“10. General Instructions for Candidates:

(v) The Board reserves the right to cancel a part or entire process of examination or a part of it due to administrative reason(s) and in case of unfair means, cheating or other irregularities/malpractice noticed by the Board. The Board also reserves the right to cancel or set up a new examination centre and divert the candidates from a particular examination centre to another examination centre if required. The Board also reserves the right to direct candidates of any centre to some other centre to take the Exam. No request for change in date, time and centre of exam will be accepted under any circumstances.”

Learned counsel for the respondents further states that the applicant has not given any representation in this regard.

Having heard the learned counsel for the parties and perused the records of the case.

We observe that a peculiar situation has arisen, more particularly in light of the fact that there was another exam of the applicant of RRB NTPC on the same date, i.e. on 13.10.2025. No doubt the respondents are right in their contention that no representation has been preferred and the examination date has already passed. It is also not a matter of dispute that the examination cycle is still ongoing in terms of the schedule given by the respondents vide their O.M. dated 12.09.2025. The examination for the post code of 802/23 is also to be held on 03.11.2025 and 04.11.2025.

In peculiar facts and circumstances not to be treated as a precedent, considering the large scale unemployment as well as competitive situation demands that the applicant be allowed to participate in the examination process for the post applied under post code of 802/23 on 03.11.2025.

The order is pronounced in open Court in the presence of the counsels of the respective parties. Learned counsel for the respondents shall ensure that the E-Admit Card is mailed/ uploaded on the website of the respondents with the details of the examination center for appearing in the examination on 03.11.2025 by 01.11.2025.

We make it clear that the present OA is confined to the relief(s) sought; we have not entered into the merits of the case of either side. This order is passed without prejudice to the rights and contentions of either parties, strictly in accordance with the terms of the advertisement and RR’s. The O.A. is disposed of at the admission stage itself in the aforesaid terms. Pending MAs, if any, shall also stand disposed of accordingly. No order as to costs.