Jyoti v. Union Of India & ANR.

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7087/2024 & CM APPL. 29567/2024 JYOTI ..... Petitioner Through:

Mr. Hemant Singh and Ms. Heena Ahluwalia, Advs.

versus UNION OF INDIA & ANR.

..... Respondents Through:

Mr. Himanshu Pathak, SPC with Mr.

Rudra Paliwal, Govt. Pleader with Mr. Munesh Kumar, Sub-Inspr. CRPF

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 20.05.2024 1.

This petition has been filed by the petitioners with the following prayers:

"It is, therefore, under the facts and circumstances of the case and submissions made hereinabove, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) Allow the present Writ Petition and Issue of a Writ· in the nature of Certiorari or any other appropriate Writ to quash the final result of para medical staff recruitment-2020 dated 15.04.2024 limited to the appointment for sub inspector staff nurse, and (b) Issue a Writ in the nature of Mandamus or any other appropriate Writ to direct the Respondents to issue fresh, revised and fair result and to admit/appoint the petitioner in para medical staff recruitment-2020 for the post of Sub 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 24/05/2024 at 11:52:29

Inspector Nurse Staff (c) Pass such other or further order(s) as this Hon'ble Court deem fit and appropriate in the facts and circumstances of the case.

2.

On the last date of hearing, this Court had pass the following order: "2. The representative of the respondents submits that as against cut off marks of 67, the petitioner has secured 63 marks and as such was not appointed. Let the result for the post of Sub-Inspector (Nurse Staff) be produced on the next date of hearing.

3. List on May 20, 2024."

3.

Today, the result has been brought for our perusal. We note that the petitioner had in fact secured 63 marks.

4.

It is the case of the respondents that cumulative merit is prepared on the basis of the marks obtained in the written examination. The other two components of the selection process being the interview and the trade test are qualifying in nature.

5.

The fact that the petitioner has secured less than cut-off marks of 67 and that there are many other candidates who have secured more marks than the petitioner but less than the cut-off marks, so it follows that, they have a prior right for appointment than the petitioner. The petition being without any merit, the same is dismissed.

CM APPL. 29567/2024 Dismissed as infructuous.

V. KAMESWAR RAO, J RAJNISH BHATNAGAR, J MAY 20, 2024/jg 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 24/05/2024 at 11:52:29