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Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE HIGH COURT OF DELHI AT NEW DELHI<br />

C.M. WRIT PETITION NO.21129 OF 2002<br />

D.D. 17.7.2002<br />

Hon’ble Mr. Justice G.P.Mathur &<br />

Hon’ble Mr. Justice N.K. Mehrotra<br />

Ajeet Pratap Singh<br />

Vs.<br />

... Petitioner<br />

Union of India & Ors. ... Respondents<br />

Examination:<br />

Whether UPSC is justified in rejecting candidature of a candidate on the ground that the application<br />

is incomplete? – Yes<br />

Petitioner’s candidature for Civil <strong>Service</strong>s (Preliminary) Examination, 2002, was rejected as he<br />

had not indicated his educational qualification in the application form – High Court in view of the fact<br />

that the applicant had left the relevant column blank in violation of Instruction No.4 - Do not leave any<br />

relevant column blank and incomplete application will be rejected, dismissed the writ petition at the<br />

admission stage holding that the application was rightly rejected.<br />

Case referred:<br />

Union <strong>Public</strong> <strong>Service</strong> Commission<br />

1997 (3) JT 587 - L.Chandrakumar Vs. Union of India<br />

ORDER<br />

The petitioner applied for Civil <strong>Service</strong> (Preliminary) Examinations, 2002, and filled in the prescribed<br />

form for the said purpose. His candidature was rejected on the ground that he had not indicated his<br />

educational qualifications in the application form. He then filed the writ petition on 16.5.2002 and a<br />

Division Bench passed an interim order whereby the petitioner was permitted to appear in the Preliminary<br />

examination, which was going to be held on 19.5.2002.<br />

Sri. Satish Chaturvedi, learned counsel for the respondents, has raised a preliminary objection that<br />

the writ petition is not maintainable in view of Section 14(1)(a) of the Administrative Tribunals Act and<br />

the petitioner should have first approached the Central Administrative Tribunal as held by the Supreme<br />

Court in L.Chandrakumar Vs. Union of India, 1997 (3) JT 587. In view of the fact that the writ<br />

petition has already been entertained by a Division Bench on 17.5.2002 and an interim order was<br />

passed in favour of the petitioner, permitting him to appear in the Preliminary examination, we have<br />

heard the learned counsel for the parties on the merits of the case.<br />

5

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