Delhi High Court
Sajid Ali Abdul Qadir vs Union Public Service Commission ... on 29 July, 2020
#4
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 29.07.2020
W.P.(C) 1029/2020, CM APPL.3340/2020, CM APPL.8256/2020 &
CM APPL.14045/2020
SAJID ALI ABDUL QADIR ..... Petitioner
versus
UNION PUBLIC SERVICE COMMISSION AND ANR.
..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ajay Garg, Advocate with Ms. Varnika
Bajaj and Ms. Prishta Devi, Advocates.
For the Respondents : Mr. Naresh Kaushik with Mr. Vardhman Kaushik,
Advocates for R-1/UPSC.
Mr. Sahaj Garg, Advocate for R-2/UOI.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)
1. The present writ petition under Articles 226 and 227 of the
Constitution of India, instituted on behalf of the petitioner, prays as
follows:-
"a. set-aside/quash the impugned order dated
16.01.2020 passed by the Ld. Principal Bench of
CAT, New Delhi in O.A. No.38/2020 titled as
'Sajid Ali Abdul Qadir Vs. Union Public
Services Commission';
b. set aside/quash the order dated 27.11.2019
passed by the respondent No.l cancelling the
candidature of the Petitioner for Civil Services
(Main) Exam, 2019, being illegal and arbitrarily;
c. direct the respondents to declare the
Petitioner's Civil Services (Main) Exam, 2019
result and restore Petitioner's candidature for
Civil Services (Main) Exam,
2019 under EWS category 'as per the given facts
and circumstances; and
d. pass any other appropriate
writ/order(s)/direction(s) as may be deemed fit
and proper in the facts and circumstances of the
case and in the interest of justice. For this act of
kindness, the humble Petitioner shall ever pray
as in duty bound."
2. This Bench vide order dated 23.07.2020 had observed as
follows:-
"On behalf of the petitioners our attention has been
invited to communications issued by the Union
Public Service Commission, which reflect that
candidates belonging to the economically weaker
section of society for whose benefit an amendment
to the Constitution of India was carried out, in
order to introduce reservation qua selection and
appointment, have been permitted to make up for
deficiencies in the Income and Asset Certificate as
required to be furnished by them, in order to
establish their eligibility for reservation under the
newly created quota, till the time of the interview.
In view of the forgoing, Mr. Naresh Kaushik,
counsel appearing on behalf of the Union Public
Service Commission seeks an accommodation to
obtain instructions as to whether benefit as
aforementioned extended to some candidates
belonging to the economically weaker section of
society can be denied to other similarly situated
candidates.
In other words, Mr. Naresh Kaushik, Advocate
fairly seeks time to obtain instructions as to
whether the benefit as aforementioned granted to
some candidates belonging to the economically
weaker section of society could also be extended to
the petitioners as a one-time measure."
3. Mr. Naresh Kaushik, learned counsel appearing on behalf of the
Union Public Service Commission (for short 'UPSC') has placed on
record a communication dated 27.07.2020 in relation to the subject
proceedings and invites our attention to the same and in particular
paragraphs 2 and 3 thereof, which read as under:-
"2. So far as the two EWS certificates relied upon
by the Petitioner Ms.Satabdi Mazumdar are
concerned, the Commission, in deference to the
views expressed by the Hon'ble Court, has given
due focus to the issue and is respectfully inclined
to take a fair reasonable and flexible approach
in the matter. Given the views of the Hon'ble
Court, following two options are available
before the Commission in this case:
(a) Either by issuing Show Cause Notice for
cancellation of the candidature of the said
two candidates (the candidature being
provisional); or
(b) By extending similar benefit to similarly
placed petitioners, who had submitted
faulty/incorrect certificates issued to them
prior to 01st August, 2019 and uploaded
the said certificates along with their
respective DAFs-I by indicating "Yes" in
the relevant column with regard to the
availability of the certificates with them.
3. The Commission has decided to take a fair,
positive, reasonable and flexible approach in the
matter and, thus, it intends to implement the
aforesaid option (b) in this case. However, the
Commission will respect and implement the
decision of the Hon'ble Court on the above
available two options."
4. In view of the forgoing, as well as, the circumstance that, Mr.
Sajid Ali Abdul Qadir, petitioner herein, had in fact submitted the
Income and Asset Certificate dated 04.07.2019 - qua his entitlement
to reservation under the Economically Weaker Section (for short
'EWS') category - which did not conform with the prescribed format,
but was however issued before 01.08.2019, the cut-off date; and has
subsequently submitted the requisite certificate on 10.12.2019 in the
prescribed format, he is consequently, entitled to the benefit accorded
to similarly placed individuals by the UPSC; it is directed that, the
UPSC declare the result of Civil Services (Main) Examination-2019
qua Mr. Sajid Ali Abdul Qadir, and invite him for the interview, in the
event he has qualified the said examination under the EWS category.
5. In view of the foregoing, as well as, the circumstance that, the
present petition falls under Option 2(b), in terms of the above
extracted communiqué dated 27.07.2020, the same is allowed.
6. No further directions are called for.
7. With the above directions, the present petition is disposed of.
The pending applications also stand disposed of.
8. A copy of this order be provided to the learned counsel
appearing on behalf of the parties electronically and also be uploaded
on the website forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
JULY 29, 2020
dn/as
