Delhi High Court
Gaurav Kumar vs Union Public Service Commission on 22 September, 2021
$~S-59to85
* IN THE HIGH COURT OF DELHI AT NEW DELHI
59
+ W.P.(C) 1205/2019 & CM APPL. 5947/2019
AMIT KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Chiranjeev Kumar,
Advocate with Mr. Mukesh
Sachdeva for R-1.
Mr. Jatin Puniyani, Advocate.
Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
60
+ W.P.(C) 1708/2019 & CM APPL. 7835/2019
SATISH KUMAR KOUNDIL ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Satyendra Kumar,
Advocate with Mr. Amit Sinha,
Advocate for R-1.
Mr. Jatin Puniyani, Advocate.
Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
61
+ W.P.(C) 9451/2019
PRABHAT SINGH ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 1 of 13
Signing Date:23.09.2021
22:20:16
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Jatin Puniyani, Advocate.
Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
62
+ W.P.(C) 10147/2019
GOVIND KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Jatin Puniyani, Advocate.
Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
63
+ W.P.(C) 10149/2019 & CM APPL. 41943/2019
SAROJ KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
64
+ W.P.(C) 10151/2019
PRABHASH KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 2 of 13
Signing Date:23.09.2021
22:20:16
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
65
+ W.P.(C) 10152/2019
ASHOK KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
66
+ W.P.(C) 10153/2019 & CM APPL. 41963/2019
HARISHV KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
67
+ W.P.(C) 10154/2019 & CM APPL. 41966/2019
VIKASH KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 3 of 13
Signing Date:23.09.2021
22:20:16
68
+ W.P.(C) 10155/2019 & CM APPL. 41973/2019
GAURAV KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
69
+ W.P.(C) 10157/2019
JEETENDRA KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
70
+ W.P.(C) 10159/2019
PAWAN RANJAN ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
71
+ W.P.(C) 10161/2019
DEVENDRA KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 4 of 13
Signing Date:23.09.2021
22:20:16
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
72
+ W.P.(C) 10163/2019
VIVEK RAJ ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
73
+ W.P.(C) 10164/2019
KULDEEP KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
74
+ W.P.(C) 10165/2019
SURAJ KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 5 of 13
Signing Date:23.09.2021
22:20:16
75
+ W.P.(C) 10166/2019
SAGAR KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
76
+ W.P.(C) 10167/2019
ANKIT KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
77
+ W.P.(C) 10168/2019 & CM APPL. 42010/2019
RANVIR KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
78
+ W.P.(C) 10182/2019
PAWAN KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 6 of 13
Signing Date:23.09.2021
22:20:16
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
79
+ W.P.(C) 10184/2019
SUMAN KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
80
+ W.P.(C) 10186/2019 & CM APPL. 42056/2019
MANISH KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
81
+ W.P.(C) 10187/2019
VIVEK KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 7 of 13
Signing Date:23.09.2021
22:20:16
82
+ W.P.(C) 10220/2019 & CM APPL. 42139/2019
ABHISHEK KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
83
+ W.P.(C) 10240/2019
RAHUL KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
84
+ W.P.(C) 10253/2019
RISHAV KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh Kaushik, Advocate
with Mr. Anand Singh and Mr.
Abhishek Verma, Advocates.
85
+ W.P.(C) 10258/2019
VIKASH KUMAR ..... Petitioner
Through: Mr. R.K. Tarun, Advocate
versus
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ W.P.(C) 1205/2019 and batch Page 8 of 13
Signing Date:23.09.2021
22:20:16
UNION PUBLIC SERVICE COMMISSION ..... Respondent
Through: Mr. Naresh
Kaushik, Advocate with Mr.
Anand Singh and Mr.
Abhishek Verma, Advocates
% Date of Decision: 22nd September, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. The petitions have been heard by way of video conferencing.
2. Present writ petitions have been filed primarily challenging the
impugned orders dated 09th November, 2018 passed by the UPSC
cancelling the candidature of the Petitioners for National Defence
Academy and Naval Academy Examination (II), 2018 and debarring
the Petitioners permanently from appearing in all the future
examinations/selections to be held by UPSC.
3. Learned counsel for the Petitioners states that the Petitioners
had applied for the NDA Examination and were issued admit cards for
the examination. He states that since mobile phones were not allowed
in the examination hall, the Petitioners deposited their phones with the
authorities. He points out that on the day of the NDA examination, a
candidate by the name of Saurav Anand was arrested in Bihar for
cheating through a mobile phone during the course of the examination.
4. He states that ten days after taking the exam, the Petitioners
received show cause notices from UPSC regarding failure to report
activities of the candidate Saurav Anand who was caught cheating red
Signature Not Verified
Digitally Signed
Signing Date:23.09.2021
22:20:16
handed in the State of Bihar.
5. He emphasises that a perusal of the show cause notices reveals
that the allegation against the Petitioners were that the Petitioners
failed to report beforehand about the activities of Saurav Anand on the
WhatsApp group. He contends that the show cause notices contain
neither any allegation of cheating against the Petitioners nor an
allegation that the Petitioners were in possession of 'mobile phone' or
were communicating with Mr. Saurav Anand on the WhatsApp group.
6. He states that vide impugned orders UPSC cancelled the
candidature of the Petitioners for National Defence Academy and
Naval Academy Examination (II), 2018 and debarred the Petitioners
permanently from appearing in all the future examinations/selections
to be held by UPSC
7. Today, Mr. Naresh Kaushik, learned counsel for UPSC states
that UPSC has issued orders dated 15th September, 2021 to all the
petitioners wherein it has converted the permanent debarment period
to the actual period of debarment already undergone uptill now. He
submits that the above orders have been issued as no criminal action
has yet been established against the petitioners by Bihar Police and as
the petitioners are of a young age and have a long future before them.
The order dated 15th September, 2021 issued to one of the petitioners
is reproduced hereinbelow for ready reference:-
"By Speed Post
No . 1/8(151/202 1/E-XII
Union Public Service Commission
(Examination Branch)
*******
Signature Not Verified
Digitally Signed
Signing Date:23.09.2021
22:20:16
Dholpur House, Shahjahan Road,
New Delhi-l10069
Dated: 15/09/2021
ORDER
That a cheating incident took place at the Patna Centre
during conduct of the National Defence Academy/Naval
Academy Examination (II), 2018, which was held on
09.09.2018. In this case, Shri Saurav Anand (the prime
offender) was caught while using his mobile phone for
cheating during currency of the Second Session (Paper-II)
of the aforesaid Examination. In his undertaking, Shri
Saurav Anand had stated that he used the mobile in both
the Papers of the Examination. He further stated that he
also transmitted questions through WhatsApp, to his friend
and got back the answers. He also added that thereafter,
his said friend Shri Jyotish Kumar Das transmitted the
questions in the WhatsApp Group named
Berojgartoliofficiall118.
2. That since Shri Amit Kumar was also the member of this
WhatsApp Group, a Show Cause Notice was issued to him
to explain his position as he was found to have acted in
contravention of the relevant provisions of Rule 5 of the
NDA & NA Examination (II), 2018 Rules. The Commission
found him guilty of violating the aforesaid provisions of the
Examination Rules and, therefore, cancelled his
candidature for this Examination and debarred him
permanently from appearing at all the future
Examinations/Selections of the Commission vide letter
dated 9th November, 2018. In addition to above candidate,
the Commission imposed the aforesaid penalty upon 53
more candidates.
3. That aggrieved with above decision of the Commission,
some of these candidates filed court cases in the Hon'ble
High Courts of Delhi, Bihar and Jharkhand. Shri Raj
Aryan is one of the aforementioned candidates and he had
filed W.P. (C) No.279/2019 in the Hon'ble High Court of
Jharkhand. The Hon'ble High Court vide its common
judgment dated 03rd September, 2019 in the above WP
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Signing Date:23.09.2021
22:20:16
(along with two tagged Writ Petitions i.e. WP (C) No.
3068/2019 of Maniratan Kumar and WP (C) No. 3059/
2019 of Anupam Kumar Singh) directed to take a fresh
decision by passing a Speaking Order.
4. That in deference to the above direction of the Hon'ble
High Court of Jharkhand, the Commission re-examined the
cases of the said three candidates and decided to reduce
their penalty of permanent debarment to 10 years w.e.f.
their initial debarment. Again being not satisfied with this
fresh decision of the Commission, Shri Raj Aryan filed a
new Writ Petition (C) No.202/2020 before the Hon'ble
High Court of Jharkhand.
5. That in view of the relevant facts of Shri Raj Aryan, the
whole matter has been considered afresh once again in the
Commission and it has been noted that nearly 3 years
period has since been elapsed after the imposition of the
penalty upon him in November, 2018; no criminal action
has yet been established against him by the Bihar Police;
he is of very young age and has a long future before him.
6. That after taking the comprehensive and holistic view of
all the relevant facts of the case of Shri Raj Aryan, the
Commission has decided to convert the 10 years'
debarment period of Shri Raj Aryan and reduce it to the
actual period of debarment he has already undergone
uptill now since November, 2018. Consequently, his
debarment period stands expended and treated to be over
by the date of issuance of the Commission's order i.e.
03.09.2021.
7. Since the case of Shri Amit Kumar is similarly placed as
that of Shri Raj Aryan and to extend the benefit of equality
and parity to all similarly situated candidates, including
the facts stated in Para 5 above, the Commission has suo
moto taken the lenient view and the Commission has
decided to convert the permanent debarment period of
Shri Amit Kumar (from appearing in all the
Examinations/Selections of the Commission) by reducing
the same to the actual period of debarment which he has
already undergone uptill now, since November, 2018.
Signature Not Verified
Digitally Signed
Signing Date:23.09.2021
22:20:16
Consequently , his debarment period stands expended and
would be over by the date of issuance of this order.
Sd/-
(Kripa Anna Ekka)
Under Secretary (NDA)
Union Public Service Commission
Shri Amit Kumar
Email:[email protected]
S/o Shri Ashok Rana
Jhumra Muhalla Chaitra,
Chaitra -825401"
8. Keeping in view the aforesaid order dated 15th September,
2021, the prayer in the present writ petition challenging the permanent
debarment has become infructuous.
9. Accordingly, the present writ petitions and applications stand
disposed of as satisfied.
10. The order be uploaded on the website forthwith. Copy of the
order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
SEPTEMBER 22, 2021
TS
Signature Not Verified
Digitally Signed
Signing Date:23.09.2021
22:20:16
