Delhi High Court
Abhishek Kumar Singh vs Food Safety And Standards ... on 2 September, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:- 02.09.2022
+ W.P.(C) 12726/2022 & CM APPL. 38660/2022 -Stay., CM APPL.
38661/2022 -Ex.
ABHISHEK KUMAR SINGH ..... Petitioner
Through: Mr.Abhay Pratap Singh with
Mr.Vijay Singh, Ms.Neetu Nagar, Advs.
versus
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA &
ANR. ..... Respondent
Through: Mr.Rakesh Chaudhary with
Mr.Sushaar Choudhary, Mr.Vijay Jakhwal, Advs
for R-1.
Mr.Naresh Kaushik, Adv for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The petitioner, who claims to be a candidate for the Civil Services
(Mains) Examination to be conducted by the respondent no.2/ Union
Public Service Commission on 24.09.2022 as also for the examination for
the post of Central Food Safety Officer and Technical Officer to be
conducted by respondent no.1/Food Safety and Standards Authority of
India on the same date, has approached this Court with a prayer that either
the respondent no.1 or respondent no.2 be directed to change the date of
examinations so as to enable him to appear in both the examinations.
2. Learned counsel for the petitioner submits that the petitioner, who
with the dint of his hardwork has prepared for both the examinations and is
therefore desirous of appearing in both of them. He submits that in case,
the date for one of the two examinations is not changed, the petitioner will
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have to forego the opportunity to appear in one of the examinations. This,
he contends will be highly prejudicial to his career prospects and therefore
prays that the respondents be directed to change the date of the
examinations.
3. On the other hand, learned counsel for the respondents, who appear
on advance notice, oppose the petition by contending that at this belated
stage, all arrangements for the smooth conduct of the examinations at
various centres across the country have already been made and, therefore,
any change in the date of examinations will lead to a total administrative
chaos. Moreover, grave inconvenience will be caused to a large number of
candidates, who have already been preparing to appear in these
examinations for the last many months. They submit that a similar prayer
for the change in date of examinations for recruitment to judicial services
for different states had been rejected by the Apex Court on 19.07.2022 in
W.P.(Civil)521/2022 titled Amit Kumar Kohli vs. The Hon'ble High
Court of Rajasthan & Ors. They, therefore, pray that the writ petition be
dismissed.
4. Having considered the submissions of the learned counsel for the
parties, I find that even though the petitioner may be justified in urging that
on account of the date of both the examinations being same, he will have to
forego the opportunity to appear in one of the examinations, the same
cannot be a ground for directing any change in the date of the
examinations, as prayed for. Even otherwise, the date of 24.09.2022 for the
Civil Services (Mains) examinations was announced atleast two months
ago and similarly the date for the examination for the post of Technical
Officer and Central Food Safety Officer was made known to the candidates
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more than a month ago. There is no justification by the petitioner in
approaching the Court at this belated stage with barely three weeks left for
the examinations when all arrangements for holding of the examinations in
a large number of centres all across the country have already been made by
the respondents. The respondents are justified in contending that any
change in the date of examination at this belated stage will cause grave
inconvenience and prejudice to the candidates as well. The petitioner will,
therefore, have to make a choice as to in which of the two examinations, he
wishes to appear.
5. At this stage, it would be apposite to refer to the observations of the
Apex court in the Amit Kumar Kohli (Supra), which read as under:-
" Filling up of judicial vacancies is of prime urgency. There
appears to be some clashes of examination and earlier also
some deferments took place and that too at the behest of a
couple of students.
We cannot countenance a situation where exams are
continuously deferred as they are different examinations and
the petitioner(s) will have to take a choice where he/they
want(s) to appear as otherwise it causes grave prejudice to
other candidates and to the examination process."
6. For the aforesaid reasons, there is no merit in the writ petition, which
is accordingly dismissed along with all pending applications.
REKHA PALLI, J
SEPTEMBER 2, 2022
sr
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Signing Date:02.09.2022
19:00:06
