Mohd. Yunus And Ors. vs Irctc
2017 Latest Caselaw 7117 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Date of Decision: December 08, 2017

+            W.P.(C) 10928/2017 & C.M. 44732/2017
      MOHD. YUNUS AND ORS.                     ..... Petitioners
                   Through: Mr. Harsh Ahuja, Mr. Kushal
                   Kumar & Mr. Vibhu, Advocates

                     Versus

      IRCTC                                          ..... Respondent
                          Through:     Mr. Nikhil Majithia, Advocate
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                        JUDGMENT

ORAL

1. Twenty three petitioners in this petition are aggrieved by Notification of 3rd November, 2017 (Annexure P-1 colly) vide which filling up of vacancies through Limited Departmental Competitive Examination (LDCE) in W-6 (scale `8800-20000) is being undertaken by respondent. Vide impugned Notification of 9th November, 2017 (Annexure P-1 colly) criteria for filling up the vacancies in question has been enlarged.

2. The grievance of petitioners herein, who claim to be belonging to North Zone, is that after the advertisement of 3rd November, 2017, the criteria for this examination cannot be modified.

3. Learned counsel for respondent points out that this examination is being conducted for W-6 category, which is an open examination for all

workmen and if petitioners give their consent, they are eligible to participate in the examination.

4. Learned counsel for petitioners on instructions submits that petitioner would like to participate in the examination in question without questioning the validity of the examination, if they are permitted to give their consent to Group General Manager (HRD), North Zone, New Delhi, as most of the petitioners are present in the Court and the remaining few can send their consent vide e-mail today itself.

5. Learned counsel for respondent submits that if it is so done by petitioners today itself, then subject to their being eligible, they shall be permitted to appear in the written examination scheduled to be held on 11th December, 2017, at their respective venues.

6. The aforesaid stand taken by counsel for respondent is appreciated, as an opportunity to participate in this examination is in spirit of open examination.

7. Let the needful be done by both the sides, in terms of stand taken as above.

8. With aforesaid observations, this petition and application are disposed of.

9. A copy of this order be given dasti under the signatures of Court Master to counsel representing both the sides.

SUNIL GAUR (JUDGE) DECEMBER 08, 2017 r