Full Text
HIGH COURT OF DELHI
Date of Decision: 20th February, 2023
SUNIL ..... Petitioner
Through: None.
Through: Ms. Avnish Ahlawat, Standing Counsel with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and
Ms. Aliza Alam, Advocates.
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of. W.P.(C) 11247/2019 & C.M. APPL. 46316/2019 (interim measure)
3. Present writ petition has been filed seeking the following reliefs: “a) Direct the Respondent to allow the petitioner to appear for the exam to be conducted on 24.10.2019 &25.10.2019; and/or b) Direct the respondent to issue an Admit Card to the petitioner and thereby allowing him to successfully appear for the exam for the post of Lower Division Clerk post code 51/13; and/or c) Direct the respondent to allow the petitioner to join the service for the post of LDC, if the petitioner succeeds in the said exam and fulfill all other parameters;”
4. This Court vide order dated 21.10.2019, without prejudice to the rights and contentions of the parties, had given liberty to the Petitioner Neutral Citation Number:2023/DHC/001384 W.P.(C) 11247/2019 to approach the Comptroller of Examinations on 22.10.2019 at 10.30AM.
5. Ms. Ahlawat, learned Standing Counsel for the Respondent submits that subsequently admit card was issued to the Petitioner since the limited grievance of the writ petitioner was that on account of technical error, he was unable to access the link of the website, for the online examination, notified by an Advertisement No. 3/2013 dated 12.09.2013 for filling up various posts including the post of Lower Division Clerk with the Municipal Corporation for which the Petitioner was an applicant.
6. Ms. Ahlawat, further submits that after the admit card was issued, Petitioner had appeared in the examination held on 24.10.2019 and 25.10.2019 and has secured only 9.86 marks out of a total of 200 marks and has therefore failed to qualify the examination.
7. Since the writ petition was filed seeking a limited relief of directions to the Respondent to issue the admit card, the grievance stands redressed as the admit card was issued to the Petitioner and in fact he has also participated in the examination. Additionally, the Petitioner has failed to qualify the examination and in this view no further orders are required to be passed in the writ petition which is accordingly dismissed as infructuous.
8. Pending application stands disposed of accordingly.
JYOTI SINGH, J FEBRUARY 20, 2023