AI Structured Summary
Not yet generated for this judgment
Judgment
Hon’ble Mr. Manish Garg, Member (J):-
M.A. No.5354/2026
For the reasons stated in the M.A., the present M.A. for exemption is allowed and disposed of being just an exception.
O.A. No. 4173/2026
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant hahas prayed for the following reliefs:
“1)Issue directions to declare and hold the result of the impugned Typing Skill Test (Tier II Examination) dated 28.07.2026 conducted under Post Code 802/23, as the Typing skill Test (Tier II Examination) was conducted in an unfair and arbitrary manner and due to the structural, functional and material difference between the modular/interface of the Mock Test available on the website of the Respondent No. I with the actual Typing skill Test (Tier II Examination).
2)Quashing/Setting aside the aforesaid typing skill test of the Applicant in the impugned Typing Skill Test (Tier II Examination) dated 28.07.2026 conducted under Post Code 802/23 and direct the Respondents to re-conduct the Typing Skill Test (Tier II Examination) for the Applicant on a fair, uniform and clearly disclosed module/interface identical, in all material respects to the Mock Test officially provided for familiarisation, or, in the alternative, to grant such relaxation, extension of time, or grace as may be just and equitable to neutralise the prejudice caused by the undisclosed change in interface:
3)Direct Respondent No.1/DSSSB and/or the concerned examination agency to preserve and produce before this Hon'ble Tribunal all relevant records pertaining to the Examination conducted Advertisement No. 05/2023 especially the Typing Skill Test (Tier II Examination) conducted under Post Code 802/23, including the software/module versions and configurations, interface specifications, system and application logs, candidate session records, start/end time records, technical incident reports, audit trails, records of any modification or configuration of the scrolling functionality, communications/instructions exchanged between Respondent No.1 and the examination agency concern Skill Test module, and such other technical records as may be necessary for determining the difference between the official Mock Test and the actual examination interface
4)Pass such other and further orders/directions as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
At the outset, learned counsel for the applicant submits that the applicant submitted a representation to the respondents dated 05.08.2026 (Annex. A1) against the irregularity conducted during the examination of Typing Test (Tier II Examination) for Post Code 802/23 (Lower Divisional Clerk, Junior Assistant, Stenographer Grade-II, Junior Stenographer (Hindi/English), Lower Division Clerk-cum-Typist, Jr. Stenographer, Stenographer & Asstt. Grade-I). However, the same has not been considered till date. He further submits that the applicant would be satisfied if a direction is issued to the respondents to consider the aforesaid representation dated 05.08.2026 (Annex. A1) and dispose of the same by passing a reasoned and speaking order within a stipulated time frame.
Issue notice. Mr. H A Khan, learned counsel, appears and accepts notice on behalf of the respondents. Learned counsel for the respondents seeks some time to obtain appropriate instructions.
In view of the limited prayer made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to the respondents to consider and decide the pending representation of the applicant dated 05.08.2026 (Annex. A1) by passing a reasoned and speaking order, strictly in accordance with law, within a period of thirty days from the date of receipt of a certified copy of this order.
The O.A. stands disposed of in the aforesaid terms, without entering into the merits of the case, at the admission stage itself. Pending M.A.s, if any, shall also stand disposed of accordingly. There shall be no order as to costs.