Shiv Kumar v. Union of India

1. This matter has been called out twice. There was no appearance on behalf of the petitioner at either call. However, Mr. Sangwan later appeared at 12.45 pm, after this order had been completely dictated and the Court had proceeded further with the cause list. His appearance is noted.

2. The dispute in this petition relates to recruitment to the post of sailor in the Indian Navy. The petitioner was an aspirant for the said post. The petitioner‟s case in this writ petition is that he had been disqualified on the basis of marks obtained by him in Maths and General Knowledge, which were not undertaken by him.

3. For this purpose, the petitioner placed reliance on the following documents, issued to the petitioner by the respondent, thus: “Shri Satbir Singh S/o Shri Balwan Singh VPO – Sherpur Teh – Pataudi Distt – Gurugram Haryana – 122502 Mob – 8683888728 RECRUITMENT SSR (MEDICAL ASSISTANT.) – 02/24 BATCH SHIV KUMAR (APPLICATION NO. MED24230021329N Dear Satbir Singh,

1. Refer to you letter number nil dated 27 Nov 24.

2. The marks obtained by candidate Shri Shiv Kumar (Application No. MED24230021329N) are as follows:- State Cut Off (Delhi) Marks Obtained Stage I 80% 82.33% Stage II 48 Marks Math – 07 Science – 06 English – 10 General Knowledge – 08 Total – 31 Marks

3. In view of above, the candidate has not qualified for the next stage of recruitment process. Further, the candidate is advised to apply for next recruitment cycles, if eligible. Cdr(MPR) – NRO”

4. On the last date of hearing, Mr. Varun Mishra, learned Counsel for the respondent/Union of India, instructed by the Officer who was present in Court, had pointed out that the reference to Maths and General Knowledge in the afore-extracted document was an inadvertent error and that, on 1 February 2025, the respondent had addressed the following communication to the petitioner‟s father, clarifying the position, thus: “Quoting NR/0101/GC

01 Feb 25 Shri Satbir Singh s/o Shri Balwan Singh VPO-Sherpur Teh-Pataudi Distt-Gurugram Harayana-122502 Mob-8683888728 REPLY TO COMPLAINT RECEIVED FROM SHRI SATBIR SINGH IRO SHRI SHIV KUMAR APPLICANT FOR SSR (MED) 02/24 BATCH (APPLICATION NO - MED24230021329N) Dear Satbir Singh,

2 The case iro application of Shri Shiv Kumar has been analysed at this headquarters and the following facts of the case are relevant - (a) Shri Shiv Kumar had applied for the SSR (Med) 02/24 entry vide application number MED24230021329N and was shortlisted based on the 10+2 PCB marks, wherein the candidate has scored 82.33% against the state cut-off of 80% for domicile state - Delhi. (b) Thereafter, the candidate has appeared in the Stage II recruitment process conducted on 10 Oct 24, wherein the candidate has qualified in Physical Fitness Test & Medical exam. The answer sheet for written exam has been re-evaluated and it is observed that the candidate has obtained a total of 31 marks in the Written exam. The merit compilation has been carried out based on state-wise merit, wherein the state cut-off for domicile state - Delhi was 48 marks. Hence, the candidate has secured less than the state-cut off marks and has „Not Qualified‟ for recruitment in the SSR (Med) 02/24 entry. The verified results of the candidate are as follows: Results – Stage II process (Shri Shiv Kumar, MED24230021329N) Medical Status Qualified PFT Status Qualified Written Exam Section Marks Obtained Section A: English 7 Section B: Science 6 Section C: Biology 10 Section D: General Awareness 8 Total Marks Obtained 31 Marks State-Cutoff (Delhi) 48 marks Final Status Not Qualified

3. The candidate is advised to apply for future recruitment opportunities in the Indian Navy, as per eligibility.”

5. The afore-extracted communication dated 1 February 2025 was also provided to Mr. S.S. Sangwan, learned Counsel who appeared for the petitioner on the last date of hearing.

6. We also perused the OMR sheet of the examination undertaken by the petitioner which substantiates the contents of the letter dated 1 February 2025 extracted supra.

7. Clearly, therefore, the basis of the writ petition, which is the letter dated 5 December 2024, is misguided, as the reference to Maths and General Knowledge in the said letter was an error.

8. On the last date of hearing, Mr. Sangwan, on being confronted with this position, sought an adjournment in order to enable his client to be present in Court and be satisfied in that regard.

9. Mr. Sangwan‟s client is not present today.