Budh Sagar v. Staff Selection Commission Through Its Chairman & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11164/2019 & CM 45965/2019 (stay) BUDH SAGAR ..... Petitioner Through:

Mr Ravi Prakash, Advocate.

versus STAFF SELECTION COMMISSION THROUGH: ITS CHAIRMAN & ORS ..... Respondents Through:

Mr G.D. Sharma, Advocate for R-1 & 3.

Mr Yogesh Dutt Sharma, Advocate for R-2.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 14.11.2019

1. The grievance of the Petitioner is that he was not permitted to enter the examination centre where the written exam was being conducted for selection to the post of Sub Inspector („SI‟).

2. Learned counsel for the Respondents, on instructions, states that one of the requirements, as spelt out in the admission certificate for the examination is that "the candidate must carry an original photo identity card having date of birth, as printed on the admission certificate". It is stated that the Petitioner was carrying only an Aadhaar card, which did not contain the date of birth, and when asked to show a document which did, he only showed a soft copy of a scanned document on his phone.

3. Learned counsel for the Petitioner insists that the Petitioner had produced a driving licence. This is denied by learned counsel for the Respondents.

4. In any event, these are disputed questions of facts, which cannot possibly be enquired into by this Court in a writ petition under Article 226 of the Constitution. While declining granting relief to the Petitioner, the Court leaves it open to him to seek other appropriate remedies, as may be available to him in accordance with law.

5. The petition is accordingly dismissed. The pending application for stay is also disposed of. No costs.

S. MURALIDHAR, J.

TALWANT SINGH, J.

NOVEMBER 14, 2019 rd