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Delhi High Court
Vivek Kumar Rai vs Union Of India & Ors on 1 April, 2026
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Manmeet Pritam Singh Arora
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 01.04.2026
+ W.P.(C) 4161/2026
VIVEK KUMAR RAI
.....Petitioner
Through: Mr. T. S. Nanda, Adv.
versus
UNION OF INDIA & ORS.
.....Respondents
Through: Mr. Akash Vajpai, CGSC.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
V. KAMESWAR RAO, J. (ORAL)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 4161/2026, CM APPL. 20364/2026, CM APPL. 20366/2026
3. The petition has been filed by the petitioner seeking following
prayers:-
"i. Issue a Writ of Mandamus or any other appropriate
Writ, Order, or Direction, directing the Respondents to
consider the Petitioner as an eligible candidate for the
post of Tradesman Mate (TMM) pursuant to the
advertisement dated 26.08.2023 issued by the
Respondent No.4, Headquarters, Andaman and
Nicobar Command;
ii. Issue a Writ of Mandamus or any other appropriate
Writ, Order, or Direction, directing the Respondents to
treat the Bachelor of Computer Applications (BCA)
Degree of the Petitioner as a valid and/or higher
qualification for the said post, instead of insisting upon
the ITI Certificate;
iii. Issue a Writ of Certiorari or any other appropriate
writ, order, or direction, quashing and setting aside the
Impugned Letter dated 14.02.2026 (ANNEXURE P-1)
issued by Respondent No. 4, as being arbitrary and
violative of the principles of natural justice;
iv. Issue a Writ of Mandamus or any other appropriate
writ, order, or direction, directing the Respondents to
forthwith issue the Joining Letter to the Petitioner with
all consequential benefits including seniority;"
4. In effect, the petitioner is challenging the order dated 14.02.2026
whereby the respondents have conveyed to the petitioner their decision for
not treating the petitioner eligible for the post of Tradesmen Mate by stating
as under:-
"1. Refer to CPGRAM complaint registration number
MODEF/E/2026/0000303 dated 08 Jan 26 was
received at this office on 12 Jan 26.
2. Post scrutiny of the matter it is submitted that the
candidate possesses a Bachelor of Computer
Applications (BCA) degree and had submitted the said
certificate at the time of application and written
examination. However, as per para 4 of the
advertisement published in the Employment News
dated 26 Aug-01 Sep 23, the essential qualification for
the post of Tradesman Mate is an ITI certificate, which
the candidate does not possess.
3. Further, the candidate is required to participate in
the recruitment process only after verifying that
applicant fulfils all eligibility conditions mentioned in
the advertisement. In this regards, following
paragraphs of the advertisement also relevant for the
said recruitment.
3.1 Para 7(f). "Provisional Appointment Letter.
The appointment of the provisionally selected
candidate will be strictly based on the merit
position in the written examination subject to
satisfactory verification of documents, medical
examination and other requirements as specified
by Government of India and Appointing
Authority."
3.2 Para 11(b). "The applicant must posses the
required criteria and educational qualification as
mentioned in the recruitment advertisement."
3.3 Para 12(c). "The applicant should ensure that
he/she fulfils the eligibility and other norms
mentioned in the advertisement. Particulars
furnished in the Application Form should be
correct in all respects. If any false of incorrect
information furnished by the applicant is detected
at any stage, his/her candidature will be cancelled
without prejudice to taking legal action against
him/her."
3.4 Para 14 (a). "Your candidature to the
recruitment test is provisional subject to being
found eligible in all respects."
3.5 Para 14 (b) (xiv). "Candidature can also be
cancelled at any stage of recruitment for any
other ground which the Competent Authority
considers to be sufficient cause for cancellation of
candidature."
3.6 Para 14 (f). The candidate must note that the
verification of the eligible condition, i.e. age,
educational qualification etc with reference to
original documents for only those candidates who
qualify in the recruitment test will be carried out
by the Competent Authority. Unless the
candidature is formally confirmed by the
Competent Authority, it continues to be
'Provisional'."
3.7 Para 14 (p). "If the candidate not found to
posses the essential qualification."
3.8 Para 19 (q). ITI trade eligible to apply the
said recruitment is information Technology of 4
Semi 2 year with respect to the subject individual
4. Additionally, para 14 U) of the advertisement states
"calling for written examination/pre-recruitment
formalities does not entitle any individual for
appointment to the advertised post. Candidature of any
individual may be cancelled for the said post. If at any
stage, it is found that the individual does not fulfill the
eligibility criteria for the advertised post. The decision
of the Competent Authority regarding issuing of
appointment order to the individual for the said post
will be final".
5. Accordingly, upon qualifying in the recruitment test
and subsequent scrutiny of the candidate's documents,
it was found that the candidate does not possess the
essential ITI qualification. Therefore, as the candidate
does not fulfill the eligibility criteria prescribed in the
advertisement, the Offer of Appointment has not been
issued.
5. The submission of Mr. T. S. Nanda, learned counsel for the petitioner
is that the respondents did not really specify the reasons for which he had
been treated as not eligible.
6. The submission of Mr. Nanda is also that the respondents while
deciding the issue have not given an opportunity to the petitioner of being
heard. Mr. Nanda also states that the petitioner possesses higher
qualification.
7. At this stage, learned counsel for the respondents has drawn our
attention to the application form to contend that though the qualification of
the petitioner is Bachelor of Computer Application ("BCA"), he has referred
his qualification to be of ITI, which is incorrect/misrepresentation.
8. Noting the said submissions and also the fact when the essential
qualification for the post of Tradesman Mate is ITI certificate, the
qualification of BCA shall necessarily mean that the petitioner is over-
qualified for the said post. That apart the petitioner has not correctly
mentioned his qualification in the application form for the reasons known to
him.
9. Insofar as the plea of Mr. Nanda that the petitioner has not been given
hearing, we are of the view that in the facts of this case as noted by us
above, even if the petitioner has not been heard, no grave prejudice has been
caused to the petitioner.
10. We are of the view that there is no merit in the petition. The same
along with pending applications is dismissed.
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
APRIL 1, 2026/sr
