Yatit Pratap Singh Panwar v. Staff Selection Commission And ANR

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1400/2016 YATIT PRATAP SINGH PANWAR ..... Petitioner Through:

Mr. Nemesh, Adv.

versus STAFF SELECTION COMMISSION AND ANR ..... Respondents Through:

Mr. Ruchir Mishra with Mr. Mukesh Kumar Tiwari, Advs.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 30.03.2016 The petitioner had appeared for recruitment and appointment as Sub-Inspector (Executive) in Delhi Police as a general category candidate. The said selection was conducted by Staff Selection Commission. Results were declared on 1st March, 2013. The petitioner had secured 295.50 marks in aggregate, and did not figure in the list of selected candidates as he had secured 11 out of 100 marks in the interview. Candidates who had secured at least 25% marks in the interview were included in the select list. Several unsuccessful candidates including the petitioner had filed Original Applications before the Central Administrative Tribunal which were disposed of vide order dated 11th November, 2013. The select list was set aside and the Staff Selection Commission was directed to declare the final result after adding the marks obtained in the written examination and interview/personality test, without the stipulation/condition that the candidate should have secured at least 25% marks in the interview.

Consequent to the aforesaid order, a fresh list of selected candidates was published on 25th August, 2014. The last selected candidate in the said list had secured 297.5 marks in aggregate. As the petitioner had secured 295.5 marks in aggregate, he did not figure in the select list.

The grievance of the petitioner is that two candidates, namely, Devendra Singh Chahar and Naem Ali who had failed to secure 297.5% marks in aggregate, were allowed to join training. It transpires that these two persons were declared as successful in the first list published on 1.3.2013. Subsequently, the respondent/Delhi Police had taken action to cancel their appointment, after publication of the second select list on 25th August, 2014. Devendra Singh Chahar and Naem Ali have filed OA Nos.3917/2014 and 3918/2014 before the Central Administrative Tribunal and interim orders have been passed.

Be that as it may, Devendra Singh Chahar as per the mark list produced before us had secured 296 marks and Naem Ali had secured 296.75 marks in aggregate. The marks secured by these two candidates are more than the marks secured by the petitioner. We do not think that the petitioner can claim parity and seek appointment on the basis that OAs of Devendra Singh Chahar and Naem Ali are pending.

There is no merit in the present writ petition and the same is dismissed. No costs.

SANJIV KHANNA, J.

NAJMI WAZIRI, J.

MARCH 30, 2016/ak