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#4 HIGH COURT OF DELHI
JUDGMENT
SAJID ALI ABDUL QADIR ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. Ajay Garg, Advocate with Ms. Varnika Bajaj and Ms. Prishta Devi, Advocates.
For the Respondents : Mr. Naresh Kaushik with Mr. Vardhman Kaushik, Advocates for R-1/UPSC.
Mr. Sahaj Garg, Advocate for R-2/UOI.
HON’BLE MR. JUSTICE TALWANT SINGH
1. The present writ petition under Articles 226 and 227 of the Constitution of India, instituted on behalf of the petitioner, prays as follows:- 2020:DHC:2415-DB “a. set-aside/quash the impugned order dated 16.01.2020 passed by the Ld. Principal Bench of CAT, New Delhi in O.A. No.38/2020 titled as 'Sajid Ali Abdul Qadir Vs. Union Public Services Commission'; b. set aside/quash the order dated 27.11.2019 passed by the respondent No.l cancelling the candidature of the Petitioner for Civil Services (Main) Exam, 2019, being illegal and arbitrarily; c. direct the respondents to declare the Petitioner's Civil Services (Main) Exam, 2019 result and restore Petitioner's candidature for Civil Services (Main) Exam, 2019 under EWS category 'as per the given facts and circumstances; and d. pass any other appropriate writ/order(s)/direction(s) as may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice. For this act of kindness, the humble Petitioner shall ever pray as in duty bound.”
2. This Bench vide order dated 23.07.2020 had observed as follows:- “On behalf of the petitioners our attention has been invited to communications issued by the Union Public Service Commission, which reflect that candidates belonging to the economically weaker section of society for whose benefit an amendment to the Constitution of India was carried out, in order to introduce reservation qua selection and appointment, have been permitted to make up for deficiencies in the Income and Asset Certificate as required to be furnished by them, in order to establish their eligibility for reservation under the newly created quota, till the time of the interview. In view of the forgoing, Mr. Naresh Kaushik, counsel appearing on behalf of the Union Public Service Commission seeks an accommodation to obtain instructions as to whether benefit as aforementioned extended to some candidates belonging to the economically weaker section of society can be denied to other similarly situated candidates. In other words, Mr. Naresh Kaushik, Advocate fairly seeks time to obtain instructions as to whether the benefit as aforementioned granted to some candidates belonging to the economically weaker section of society could also be extended to the petitioners as a one-time measure.”
3. Mr. Naresh Kaushik, learned counsel appearing on behalf of the Union Public Service Commission (for short ‘UPSC’) has placed on record a communication dated 27.07.2020 in relation to the subject proceedings and invites our attention to the same and in particular paragraphs 2 and 3 thereof, which read as under:-
4. In view of the forgoing, as well as, the circumstance that, Mr. Sajid Ali Abdul Qadir, petitioner herein, had in fact submitted the Income and Asset Certificate dated 04.07.2019 – qua his entitlement to reservation under the Economically Weaker Section (for short ‘EWS’) category – which did not conform with the prescribed format, but was however issued before 01.08.2019, the cut-off date; and has subsequently submitted the requisite certificate on 10.12.2019 in the prescribed format, he is consequently, entitled to the benefit accorded to similarly placed individuals by the UPSC; it is directed that, the UPSC declare the result of Civil Services (Main) Examination-2019 qua Mr. Sajid Ali Abdul Qadir, and invite him for the interview, in the event he has qualified the said examination under the EWS category.
5. In view of the foregoing, as well as, the circumstance that, the present petition falls under Option 2(b), in terms of the above extracted communiqué dated 27.07.2020, the same is allowed.
6. No further directions are called for.
7. With the above directions, the present petition is disposed of. The pending applications also stand disposed of.
8. A copy of this order be provided to the learned counsel appearing on behalf of the parties electronically and also be uploaded on the website forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) JULY 29, 2020 dn/as