Delhi High Court
Puran Chand Arya vs Union Of India And Ors on 5 May, 2017
$~5
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3131/2017
% Date of decision : 5th May, 2017
PURAN CHAND ARYA ..... Petitioner
Through: Mr. Abhishek Choudhary with
Mr. Mohit Ramani, Advs.
versus
UNION OF INDIA AND ORS ..... Respondent
Through: Mr. Sanjoy Ghose, ASC with
Mr. Rhishabh Jetley and Ms.
Pratishtha Vij, Advs. for
GNCTD
Mr. Vinod Diwakar, CGSC for
R-1 to 5, 7, 9 & 10
Mr. Naresh Kaushik and Ms.
Kirtika Sharma, Advs. for R-7
&8
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This writ petition purporting to be in public interest has
been filed against several ministries of the Union of India; the
Chief Secretary, Cabinet Secretary, Chairman-UPSC,
Chairman-SSC and Principal Secretary to Prime Minister.
2. The following prayers have been made in the writ
petition :
"1. Issue writ in nature of mandamus or
direction or order to respondents to formulate
a District Level Recruitment Program
through district level District Employment
Exchange.
2. Issue writ in nature of mandamus or
direction or order to respondents to charge
only a minimal examination fee (for college
entrance exams and government job exams)
to the aspirants having parental income
below a certain threshold or
women/differently-abled aspirants so that an
equal opportunity of public employment can
be provided under the spirit of Article 16 of
the Constitution of India read with ethos of
Articles 14, 21, 38, 39, 41, 46 and 47 of the
Constitution of India.
3. Issue writ in nature of mandamus or
direction or order to respondents central
government to make 2 centralised websites-
one website for listing all college entrance
examinations and another website for listing
all government/PSU jobs. So, it should be
compulsory for all universities/central and
state government departments/central and
state PSUs to list their
admissions/recruitment notifications on these
websites. That these centralised websites
should allow an aspirant to create their Login
ID and password; to upload their educational
documents, certificates, photographs,
signatures and other documents etc for all
current/future applications. These login
accounts may also be linked with the
aspirants' AADHAR details. So, these
website accounts of aspirants should open a
single-window path from where they can
apply for any college admission
examination/government recruitment
examination by a single click. This will go a
long way in preventing any malpractice,
frauds, impersonation, forgery, dual identities
etc.; as well as rejection of application forms
for various trivial technical reasons like
illegibility, spelling mistakes, over-writing
etc. Both of these websites should have a
career counselling facility also.
4. Issue writ in nature of mandamus or
direction or order to respondents Central
Government/All State Governments and UTs
to pay the poor/financially weak unemployed
aspirants should get some unemployment
allowance so that they can pay the
examination fees for the government job
examination.
5. Issue writ in nature of mandamus or
direction or order to respondents to correct
the anomaly/irony in the Civil Services
Examination by offering appropriate
gazetted/non-gazetted jobs in government or
PSUs etc. to those candidates who are
rejected at the interview stage.
6. Issue writ in nature of mandamus or
direction or order to respondents to conduct
regular exams for various Government jobs,
bring transparency in selection process, and
declare the results at various stages within a
fixed time-frame.
7. Issue writ in nature of Mandamus or
direction or order to respondents to consider
following suggestions:
A. Respondents must make available
all the admit cards and call letters on the
aforesaid Centralised portals so that the
aspirants can download them from there
before the examination. In this way late
receipt of the admit cards can be avoided.
B. All Universities/Autonomous colleges and
institutions must make available the scanned
copies of original mark sheets, degrees and
other certificates of aspirants to the District
Level Recruitment Centre for verification.
Further, these educational bodies should
themselves send the verified scanned copies
of the original mark sheets, degrees and other
certificates of aspirants to their aforesaid
Centralised Login Account on demand so as
to minimize any scope of forgery and other
malpractices.
C. Respondents should encourage private
organisations/firms to take advantage of the
aforesaid District Level Recruitment Centre
in taking up the data of the job aspirants, and
thus, help in absorbing of talent available
locally, thereby further improving the
employment opportunities for the youth.
D. Pass any other or further orders(s) as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case and in the
interest of justice."
3. The writ petition has been filed without making a single
representation to the respondents.
4. Even otherwise, the subject matter of the writ petition
and the prayers made as set out hereinabove are in the realm of
policy making and it is the respondents who are best placed to
examine the same and take a view.
5. It is pointed out that the different authorities and
governments have been impleaded in the writ petition without
apportioning specific responsibility for the prayers made. Even
otherwise, the matter complained of and the prayers made are
in the nature of policy decision making which are beyond the
writ jurisdiction of this court.
6. In view thereof, this writ petition is disposed of with a
direction to the respondents to treat the writ petition and the
matters stated therein, as if it were a representation made to
them, and if any actions are required to be taken to mitigate the
grievances pointed out in the writ petition, the same may be
taken.
This writ petition is disposed of in the above terms.
ACTING CHIEF JUSTICE
ANU MALHOTRA, J
MAY 05, 2017/kr
