Saloni Bansal and Ors. v. Union of India and Ors.

1. Allowed, subject to all just exceptions.

2. The application stands disposed-off.

3. Issue notice. Notice is accepted by the learned counsel named above for the respondents. At joint request, the petition is taken up for disposal.

4. The petitioners are the candidates of Combined Graduate Level Examination (‘CGLE’) 2018 being conducted by the Staff Selection Commission (‘SSC’). They have participated in Tier-I and Tier-II examinations. The results of the said examinations were declared on 20.08.2019 and 25.10.2019 respectively. The 2022:DHC:1899-DB Tier-III examinations were held on 29.12.2019. The petitioners claim to have performed well however their names were not included in the final result of Tier-III examination. Their success in this final result would have led to their appointment to the various posts in CGLE, 2018. The petitioners impugned the inaction of the respondents before the learned Central Administrative Tribunal, Delhi (‘CAT’) because the aforesaid examinations were scheduled for 18.12.2020 and 19.12.2020. Their prayer for interim relief was rejected on the ground that the answer-sheets of the petitioners for Tier-III Examination were not evaluated by the respondents,although the Tier-IV examination was scheduled for the next day. The petitioners were not permitted to take the Tier-IV examination.Instead the learned CAT held on 26.02.2021 that, “appointment of the last candidate under the relevant category pursuant to the selection process referred to in the present OA, shall be subject to the outcome of the OA”.

5. The court is informed that the case before the learned CAT is ripe for hearing since 01.07.2021. The petitioners state that the recruitment process apropos other candidates has been initiated and they have already been appointed against the vacancies. The petitioners state that passage of time and the pendency of their case would prejudice them, albeit in case they are successful they would join the services as per their seniority and will receive other financial benefits. However, the uncertainty and indeterminate wait has its own adverse effects on an individual; it leads to unwarranted anxiety, stress-related health issues, non-optimal utilization of time, life passing-by, even frustration.

6. The history of pending matters, as available on the website of the learned CAT shows that the petitioners’ OA has been ripe for hearing since 18.08.2021,it has been adjourned four times and is now listed for arguments on 26.05.2022.

7. Since the petitioners are desirous that the case be disposed-off as early as possible and since there is no objection to the relief sought by the petitioners, in the circumstances, the learned CAT is requested to dispose-off the pending OA of the petitioners preferably within four working weeks from 26.05.2022, especially in view of the fact that this will affect the future prospects of the 49 candidates (petitioners herein) who are aspirants for government recruitment.

8. The petition is disposed-off in terms of the above.

NAJMI WAZIRI, J SWARANA KANTA SHARMA, J MAY 9, 2022