Delhi High Court
Anurag Sharma vs Union Of India & Anr. on 7 September, 2021
$~17 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.09.2021
+ W.P.(C) 9766/2021
ANURAG SHARMA .....Petitioner
Through: Mr. Anjuman Tripathy, Adv.
versus
UNION OF INDIA & ANR. .....Respondent
Through: Mr. Ajay Digpaul, CGSC with Mr.
Kamal R. Digpaul and Mr. Aditya
Walia, GP for UOI.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
RAJIV SHAKDHER, J.: (ORAL)
[Court hearing convened via video-conferencing on account of COVID-19]
CM No.30133/2021
1. Allowed, subject to just exceptions.
CM No.30132/2021
2. Via this application, the petitioner, inter alia, seeks exemption from
filing a copy of the impugned order dated 31.08.2021.
2.1. We may note, even though the title of the application, refers to the
impugned order dated 31.08.2021, however, inadvertently, in the prayer
clause of the captioned application, it appears that a typographical error has
crept in, inasmuch as the date of the impugned order, is mentioned, as
09.08.2021.
3. Mr. Anjuman Tripathy, who appears for the petitioner, says that, he
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:07.09.2021
17:42:11
was not able to file a copy of the impugned order dated 31.08.2021, as the
said order was uploaded on the concerned website only, on 06.09.2020.
4. Mr. Tripathy has, however, screen-shared the copy of the impugned
order, dated 31.08.2021. Mr. Ajay Digpaul, who appears for
respondents/UOI, on advance notice, does not dispute the veracity of the
said order.
5. Therefore, the application is disposed of, with a direction to the
petitioner, to place the certified copy of the impugned order dated
31.08.2021, on record of this Court, notwithstanding the order passed
hereinbelow, for the purposes of good order and record.
W.P.(C) 9766/2021
6. Via this writ petition, challenge has been laid, as noticed above, to the
order dated 31.08.2021, passed by the Central Administrative Tribunal (in
short 'the tribunal') in O.A. No.1522/2021 and M.A. No.1986/2021.
6.1. A perusal of the impugned order (which, as indicated above, was
screen-shared) shows that, the tribunal has fixed the matter, i.e., the
aforesaid O.A. and/or the interim application, for hearing, on 09.09.2021.
7. The case set up by the petitioner, before us, is that, he has qualified
Tier-I and Tier-II examination of the Common Graduate Level (CGL)
examination, 2019, which is, conducted by respondent no.2, i.e., Staff
Selection Commission (SSC), and that his evaluation qua CGL Tier-III
examination was not made only because, he had not appended his
signatures, on the answer sheet.
7.1. Mr. Tripathy says that, the petitioner's thumb impression was,
however, appended on the answer sheet.
7.2. According to the petitioner, on this account, his further progress i.e.,
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Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:07.09.2021
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his right to appear for CGL Tier- IV examination should not be impeded. In
other words, the petitioner asserts that his answer sheet for CGL Tier- III
examination ought to have been evaluated.
7.3. According to us, these assertions can be examined, by the tribunal,
when it hears the petitioner, on the date fixed i.e., 09.09.2021.
8. Given the foregoing circumstances, at the moment, we are not
inclined to interfere with the proceedings of the tribunal.
8.1. The tribunal is requested to decide the main matter and/or the interim
application, one way or the other, on the date fixed i.e., 09.09.2021.
8.2. We may also add, it may hasten the process, if the respondents, albeit,
without prejudice to their rights and contentions, were to evaluate the
petitioner's answer sheet for CGL Tier-III examination.
8.2. (a). The tribunal will take a final view on this aspect of the matter,
when the matter is listed before it for hearing i.e., on 09.09.2021.
8.2. (b). The respondents will also take note of this aspect of the matter,
in the meanwhile.
8.3. In case, the petitioner is aggrieved by the order passed by the tribunal,
he will be at liberty to take recourse to an appropriate remedy, albeit, as per
law.
9. The writ petition is disposed of in the aforesaid terms. All concerned
will act upon the digitally signed copy of this order.
RAJIV SHAKDHER, J
TALWANT SINGH, J
SEPTEMBER 7, 2021/rb Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:07.09.2021
17:42:11
