Delhi High Court
Shiv Kumar vs Union Of India on 29 July, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10102/2025, CM APPL. 42037/2025 & CM APPL.
42104/2025
SHIV KUMAR .....Petitioner
Through: Mr. S.S. Sangwan, Adv.
versus
UNION OF INDIA .....Respondent
Through: Mr. Varun Mishra, Mr. Ashar
Hussain and Mr. Sujit, Advs. with Mr.
Ashutosh Sukla, Commander.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
JUDGMENT (ORAL)
% 29.07.2025
C. HARI SHANKAR, J.
1. This matter has been called out twice. There was no appearance
on behalf of the petitioner at either call. However, Mr. Sangwan later
appeared at 12.45 pm, after this order had been completely dictated
and the Court had proceeded further with the cause list. His
appearance is noted.
2. The dispute in this petition relates to recruitment to the post of
sailor in the Indian Navy. The petitioner was an aspirant for the said
post. The petitioner‟s case in this writ petition is that he had been
disqualified on the basis of marks obtained by him in Maths and
General Knowledge, which were not undertaken by him.
W.P.(C) 10102/2025
3. For this purpose, the petitioner placed reliance on the following
documents, issued to the petitioner by the respondent, thus:
"Shri Satbir Singh
S/o Shri Balwan Singh
VPO - Sherpur
Teh - Pataudi
Distt - Gurugram
Haryana - 122502
Mob - 8683888728
RECRUITMENT SSR (MEDICAL ASSISTANT.) - 02/24
BATCH SHIV KUMAR (APPLICATION NO.
MED24230021329N
Dear Satbir Singh,
1. Refer to you letter number nil dated 27 Nov 24.
2. The marks obtained by candidate Shri Shiv Kumar
(Application No. MED24230021329N) are as follows:-
State Cut Off (Delhi) Marks Obtained
Stage I 80% 82.33%
Stage II 48 Marks Math - 07
Science - 06
English - 10
General Knowledge - 08
Total - 31 Marks
3. In view of above, the candidate has not qualified for the
next stage of recruitment process. Further, the candidate is advised
to apply for next recruitment cycles, if eligible.
Cdr(MPR) - NRO"
4. On the last date of hearing, Mr. Varun Mishra, learned Counsel
for the respondent/Union of India, instructed by the Officer who was
present in Court, had pointed out that the reference to Maths and
General Knowledge in the afore-extracted document was an
W.P.(C) 10102/2025
inadvertent error and that, on 1 February 2025, the respondent had
addressed the following communication to the petitioner‟s father,
clarifying the position, thus:
"Quoting NR/0101/GC
01 Feb 25
Shri Satbir Singh
s/o Shri Balwan Singh
VPO-Sherpur
Teh-Pataudi
Distt-Gurugram
Harayana-122502
Mob-8683888728
REPLY TO COMPLAINT RECEIVED FROM SHRI
SATBIR SINGH IRO SHRI SHIV KUMAR APPLICANT
FOR SSR (MED) 02/24 BATCH (APPLICATION NO -
MED24230021329N)
Dear Satbir Singh,
1 Refer to your complaint dated 27 Nov 24 and 23 Dec 24
and this officer letter no. NR/0101/GC dated 05 Dec 24.
2 The case iro application of Shri Shiv Kumar has been
analysed at this headquarters and the following facts of the case are
relevant -
(a) Shri Shiv Kumar had applied for the SSR (Med) 02/24
entry vide application number MED24230021329N and was
shortlisted based on the 10+2 PCB marks, wherein the candidate
has scored 82.33% against the state cut-off of 80% for domicile
state - Delhi.
(b) Thereafter, the candidate has appeared in the Stage II
recruitment process conducted on 10 Oct 24, wherein the candidate
has qualified in Physical Fitness Test & Medical exam. The answer
sheet for written exam has been re-evaluated and it is observed that
the candidate has obtained a total of 31 marks in the Written exam.
The merit compilation has been carried out based on state-wise
merit, wherein the state cut-off for domicile state - Delhi was 48
marks. Hence, the candidate has secured less than the state-cut off
marks and has „Not Qualified‟ for recruitment in the SSR (Med)
02/24 entry. The verified results of the candidate are as follows :
W.P.(C) 10102/2025
Results - Stage II process (Shri Shiv Kumar,
MED24230021329N)
Medical Status Qualified
PFT Status Qualified
Written Exam
Section Marks Obtained
Total Marks Obtained 31 Marks
State-Cutoff (Delhi) 48 marks
Final Status Not Qualified
3. The candidate is advised to apply for future recruitment
opportunities in the Indian Navy, as per eligibility."
5. The afore-extracted communication dated 1 February 2025 was
also provided to Mr. S.S. Sangwan, learned Counsel who appeared for
the petitioner on the last date of hearing.
6. We also perused the OMR sheet of the examination undertaken
by the petitioner which substantiates the contents of the letter dated 1
February 2025 extracted supra.
7. Clearly, therefore, the basis of the writ petition, which is the
letter dated 5 December 2024, is misguided, as the reference to Maths
and General Knowledge in the said letter was an error.
8. On the last date of hearing, Mr. Sangwan, on being confronted
with this position, sought an adjournment in order to enable his client
to be present in Court and be satisfied in that regard.
9. Mr. Sangwan‟s client is not present today.
W.P.(C) 10102/2025
10. In view of the aforesaid position, it is clear that the petitioner
has correctly been disqualified in the examination for recruitment to
the post of Sailor.
11. The writ petition is accordingly dismissed.
C. HARI SHANKAR, J
OM PRAKASH SHUKLA, J
JULY 29, 2025/gunn
W.P.(C) 10102/2025
