Mahabir v. Govt of NCT of Delhi & Ors.

1. During the course of hearing, one of the submissions advanced by Mr. Arun Panwar, learned Counsel for the petitioner is that, though the impugned judgment dated 15 January 2026 passed by the Central Administrative Tribunal[1] in OA 1804/2022 has dismissed the OA, accepting the respondents’ explanation that, against one of the questions which was deleted, marks were awarded on pro-rata basis, information obtained under the Right to Information Act 2005[2] indicates that the marks were normalised as per the normalising formula available on the official website of the DSSSB. “the Tribunal” hereinafter “RTI Act” hereinafter

2. It appears that the aforesaid information obtained under the RTI Act was never placed before the Tribunal.

3. The document handed over across the Bar by Mr. Panwar seems to indicate that the query raised under the RTI Act was disposed of on 25 May 2022.

4. We do not see, therefore, why this was not placed before the Tribunal.

5. Nonetheless, as a candidature of a candidate is involved, we are not inclined to take a technical view of the matter.

6. Mr. Arun Panwar seeks permission to withdraw the writ petition with liberty to approach the Tribunal by way of a review petition relying on the aforesaid information obtained under the RTI Act.

7. We accordingly dispose of this writ petition granting leave and liberty as aforesaid.

8. We make it clear that we have not expressed any opinion on the merits of the matter or any of the issues in controversy.

9. It would be open to the Tribunal to take a decision on the review petition as and when moved in accordance with law.

10. Needless to say, if any party continues to remain aggrieved, his/its rights in law would remain reserved.

11. The writ petition is disposed of in the aforesaid terms.

12. The review petition, if any, should be filed positively within a week from today, failing which the impugned order would continue to hold the field.

13. In order to avoid delay, we direct the parties to appear before the Tribunal on 8 May 2026. The Registry of the Tribunal is directed to list the review petition, if filed as above, before the Bench on 8 May

2026.

14. Let a copy of this order be given to learned Counsel for the parties dasti under signatures of the Court Master.