Divyam Shekhawat v. Union of India and Ors.

1. The petition has been heardby way of video conferencing.

2. Present writ petition has been filed challenging the rejection notification dated 27th July,2021 and Advertisement dated 08th September, 2020 to the extent it requires theprovisional certificate to be issued before 01st April, 2021 for entry to Short Service Commission [SSC]- 56 (T). Petitioner also seeks direction to the respondents to grant the petitioner joining of Technical Entry, SSC.

3. Learned counsel for the petitioner statesthat the Petitioner graduated with a B.Tech.degree from SRM Instituteof Science and Technology in 2021:DHC:2509-DB June,2021 instead of April 2021 because of delays caused due to COVID- 19 pandemic.He statesthat though the Petitioner had secured Rank 17 in the All India Merit List out of a vacancy of 40, yet, the respondents cancelled his candidaturefor the 56th course,SSC (Technical), Chennai only on the ground that the provisional certificateof his final degree was issued by his University on 10th June,2021 instead of being issued earlier between 1st Feb, 2021 and 1st April, 2021. He furtherstates that the Petitioner’s college was following the guidelines that were issued by the Government of Tamil Nadu including order dated 22nd March,2021 vide which the Government had asked all the EducationalInstitutions to only conduct classes and complete internaland practical exams between 23rd March,2021 to 31st March,2021.

4. Learned counsel for the petitioner also states that the impugned notification hasbeen issued in violation of principles of natural Justice as the Petitioner’sadmission was cancelled without issuing him a show-cause notice or giving him an opportunityof hearing. He states that the Petitioner’s representation to Respondent No. 3, Directorate General of Recruiting was not accepted. In support of his submission, he relies upon the judgment of the Supreme Court in National MedicalCommissionvs. Mothukuru Sriyah Koumudi and Ors., 2020 SCC OnLine SC 992.

5. Having heard learned counselfor the petitioner, this Court is of the view that recruitment process to SSC cannot be brought to a standstill just because educational institutions are delaying issuance of degrees due to Covid-19 guidelines. This Court takes judicial notice of the fact that there are many educational institutions which routinely delay issuanceof degrees and if the time for furnishing thedegrees is extended in the present case, it will have to be extended in all other cases. Accordingly, if the argument advanced by the learned counselfor the petitioneris to be accepted, it may mean that therecruitment process of the Indian Army wouldnever come to an end!

6. Undoubtedly, stipulation of any cut-off date for furnishing any certificate mayoperateinequality against a few individuals but that cannot be a ground for settingaside the stipulation on that ground. In any event,the petitioner has the option to sit in the next year exam.

7. Moreover, the date of 01st April, 2021 for furnishing the proof of passing degree exam had been stipulated in the advertisement and the petitioner having participated in the recruitment process pursuant to the said advertisement cannot subsequently challengeit.

8. Further,in NationalMedical Commission (supra),the dispute before the High Court was whether the student had approached the respondent No.2-college before the last date prescribed for admission i.e. 30th July,

2020. The High Court,in the said case, after considering theentire material on record had concludedthat the student hadvisitedthe college and hadpaid the university fees on 29th July, 2020. The High Court also held that respondent No.2-college had intentionally and illegally denied admission to student to GS-MS(General Surgery) seat for the academic year 2020-2021 year. Accordingly, the question that arose for consideration before the Supreme Court whether the High Court was right in directing creation of an additional seat for the academic year 2020-2021 for granting admission to the said student. The Apex Court after referring to its judgment in S. Krishna Sradha vs. The State of Andhra Pradesh, 2019 SCC OnLine SC 1609 directed therespondent No.2-college to grant admission to thestudent in the next academic year i.e. 2021-2022 and directed payment of compensation of Rs.10 lacs to be paid by respondent No.2-college. Consequently, the judgment of the Supreme Court in National Medical Commission (supra)has no application to the facts of the present case

9. Also, there must be manysimilarly placed candidates who may not have even applied under the advertisement knowing very well that they would not be able to furnish proof of passing the degree exam by 01st April,

2021. Consequently,if relief is granted to thepetitioner,it wouldamount to discrimination against similarly placed law-abiding candidates. Accordingly, the present writ petition being bereft of merit is dismissed along with pending applications.

10. The order be uploaded on the websiteforthwith.Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN,J NAVIN CHAWLA, J AUGUST 17, 2021 AS