M. C. Krishna v. Union Of India & ORS.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16101/2024 & CM APPL. 67678/2024 M. C. KRISHNA .....Petitioner Through:

Ms. Kumari Archana, Mr. Yomesh Dutt Sharma and Mr. Satyendra Singh, Advocates versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr.

Sandeep Kumar Mahapatra, CGSC with Mr. Tribhuvan and Mr.

Ishan Malhotra, Advocates for R-1 Ms. Monica Benjamin, SSC for R-2 Mr. Anurag Ojha, Senior Standing Counsel with Mr. Subham Kumar and Mr. Dipak Raj, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 21.11.2024 CM APPL. 67679/2024 (delay of 15 days) 1.

This is an application filed by the petitioner seeking condonation of delay in re-filing the petition.

2.

For the reasons stated in the application, the same is allowed. 3.

The application stands disposed of.

W.P.(C) 16101/2024 4.

The petitioner has filed the present petition inter alia challenging the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner's result of an oral examination dated 28.05.2019. The petitioner had appeared for the Customs Brokers examination in the year 2019, for securing the Customs Brokers License under the Customs Brokers Licensing Regulations, 2018 (CBLR). The examination was conducted in two stages - a written examination and an oral examination. The petitioner had secured more than 60% marks in the written examination and therefore, was admitted to the next stage, being the oral examination. However, the petitioner did not clear the oral examination and was therefore not selected. 5.

The petitioner states that by virtue of the directions issued by this Court in judgments dated 20.07.2023 and 24.07.2023 rendered in W.P.(C) 9591/2023 and W.P.(C) 2143/2023 respectively, the candidates who had secured more than 50% marks in the oral examination were entitled to be declared as successful. In the aforesaid context, the petitioner had filed an application dated 09.01.2024 under the Right to Information Act, 2005 (hereafter RTI Act) seeking information regarding his marks obtained in the oral examination. In response to the said application filed under RTI Act, it was informed that the petitioner had secured 40% marks in the oral examination. However, no documentary evidence was produced with regard to the same. It is in this context, that the petitioner has filed the present petition praying that he be declared as successful in the said examination. Clearly, no such directions can be issued.

6.

No material has been placed on record which would clearly suggest or lay the foundation for the challenge to the marks awarded to the petitioner in the oral examination.

7.

In view of the above, we find no grounds to allow the present petition. The petition is unmerited and is accordingly dismissed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Pending application also stands disposed of.

VIBHU BAKHRU, J SWARANA KANTA SHARMA, J NOVEMBER 21, 2024 ns Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.