Girraj Singh Rawat & Anr v. Union of India & Ors

1. These writ petitions, filed in public interest, seek the following prayers: "(i) Issue a writ of mandamus or any other writ or order or direction to the Respondents, directing the respondents to conduct all the competitive examinations by both the modes i.e. computer based test as well as by way ofpen andpaper test, so that there is no violation offundamental rights ofany candidates;

(ii) Issue a writ of mandamus or any other writ or directing the respondent no.3 to provide all the candidates appearing in the Combined Graduate Level Examination to opt for computer based test or in pen and paper mode test to provide equality in opportunityfor all the candidates appearing in the examination; (Hi) issue a writ mandamus on respondent no.1 and 2 to issue a General Order on all bodies conducting Competitive Exams that they should give choice to the candidates to optfor Online or Offline Modes and. that they should not arbitrarily decide to conduct on Online Mode only. " ' •

2. So far the grievance ofthe petitioners is concerned, the same related to Combined Graduate Level Examination, Staff Selection Commission for the year 2016, which is over. The prayers premised on this issue, therefore, stand infructuous.

3. So far as the prayers for issuance of writ of mandamus permitting the respondents to opt for a modeof undertaking the W.P.(C) Nos.6991/2016 & 7464/2016 Pg.[2] of[4] y examination is concerned, the petitioners point out that the competitive examinations can be conducted on both on-hne and off-line modes. However, the respondents are not givmg any optionto the candidatesto opt for such mode.

4. The petitioners submit that there are large numbers of prospective candidates in this country, who would not have the skill to use computers and many ofthem would be deprived firom inclusion and participation in competitive examinations conducted on-line. They submit that the respondents ought to permit that these examinations to be conducted by either mode and give option for the prospective candidates to choose the mode oftheir choice either on-line or off-line.

5. There appears substance inthe submission ofthe petitioners. However, this Courtwould not have the expertise to deal with the feasibility of such course of action. The respondents have to consider the possibility ofenabling the provision ofsuch option to the prospective candidates in competitive examinations.

6. In view ofthe above, we dispose ofthese writpetitions with a direction to the concerned Ministry i.e. Ministry,of Human Resource Development, Government of India to treat these writ petitions as representations within aperiod ofthree months from today and if possible, the option as suggested by the petitioners may be made available to the prospective candidates in the competitive examinations. W.P.(C) Nos.6991/2016 &7464/2016 ^ ^ >•' •

7. A copy of the order as and when passed by the respondents shall be furnished to the petitioners through the counsel for the petitioners. These writ petitions are accordingly disposed of Dasti to the parties under the signatures ofthe Court Master. ac™g chis:jeljustice C.HARI S SEPTEMBER 27, 2017