Kunal Kashyap v. Delhi Subordinate Service Selection Board & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 353/2025 KUNAL KASHYAP .....Petitioner Through:

Mr. Arjun Harkauli, Advocate versus DELHI SUBORDINATE SERVICE SELECTION BOARD & ANR.

.....Respondents Through:

Ms. Laavanya Kaushik, Advocate

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 13.01.2025 s 1.

The petitioner was a candidate for selection to the post of Junior Judicial Assistant in the District Courts, in terms of a vacancy notice/advertisement dated 12.01.2024, issued by the Delhi Subordinate Services Selection Board.

2.

It is the contention of the petitioner that there were certain malpractices in the conduct of the examination, which have vitiated the results. He has filed certain representations with Government of National Capital Territory of Delhi in this regard, and has also filed applications under the Right to Information Act ["the RTI Act"], which have been denied.

3.

In these circumstances, he has approached this Court for a direction upon the respondents to act upon his representation seeking investigation into the alleged malpractices, and seeking disclosure of the information W.P.(C) 353/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:28:29

denied to him.

4.

As far as the first aspect is concerned, the recruitment is admittedly amenable to the jurisdiction of the Central Administrative Tribunal ["the Tribunal"] under the Administrative Tribunals Act, 1985. Having regard to the judgment of the Supreme Court in L. Chandra Kumar v. Union of India [(1997) 3 SCC 261], the petitioner is bound to first approach the Tribunal.

5.

As far as second aspect is concerned, denial of information under the RTI Act is also amenable to appeal under the RTI Act. 6.

In view of the above, Mr. Arjun Harkauli, learned counsel for the petitioner, seeks permission to withdraw this writ petition with liberty to avail alternative remedies in accordance with law. 7.

The petition is dismissed as withdrawn with liberty as aforesaid. 8.

It is made clear that this Court has not entered into the contentions of the parties. All available grounds may be raised in accordance with law before the appropriate Court.

PRATEEK JALAN, J JANUARY 13, 2025 Tp/AD/ W.P.(C) 353/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:28:29