Tribunals and CommissionsDivision Bench(2024) 09 CAT CK 0003

Pawan Kumar, S/O Virendera Kumar vs DY Secretary Delhi Subordinate Service Selection Board (DSSSB) Govt Of Nct New Delhi

Central Administrative Tribunal · Decided on 25 September 2024

HON’BLE JUDGES
Harvinder Kaur Oberoi, Member (J) · Dr. Sumeet Jerath, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 3731 Of 2024

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

10 paragraphs · 530 words

Harvinder Kaur Oberoi, Member (J)

1.

The OA has been filed by the applicant seeking the following reliefs :

A. To direct the respondent to permit the applicant to reappear in Skill test / Typing test to be conducted on 28.09.2024 or any suitable date for the selection of the posts as applied by him and make all necessary arrangement / formalities in this regard before the such examination date.

B. To pass any other order or direction in favour of Applicant which may be deemed just and proper under the facts and circumstances of this case in the interest of justice.

2.

Learned counsel for the applicant stated that the applicant was an aspirant for the post of Junior Judicial Assistant and had applied in pursuance to the notification issued by DSSSB vide Advertisement No. 01/2024 dated 12.01.2024. He had cleared the Tier-I and Tier-II examination and was asked to appear in the Skill Test. He was issued the Admit Card having Roll No. 8810003728 to appear for Skill Test on 15.09.2024 at NSUT (East Campus) / I.I.I.T. Delhi. On the date of examination on 15.09.2024, while he was taking the test, the computer screen was blinking. He immediately called the Invigilator and the Supervisor and submitted his complaint that the computer on which he was to take the exam, was not working properly. On the next date, he sent an e-mail to the DSSSB also complaining of the faulty computer. No response was given by the DSSSB to his e-mail nor his complaint submitted at the test centre itself. In such circumstances, the applicant was forced to file the present OA.

3.

Learned counsel for the respondent was asked to seek instructions as to whether any complaint was submitted by the applicant on the same date or not.

4.

Learned counsel for the respondent, on instructions, stated that indeed the complaint was submitted by the candidate on 15.09.2024 itself and again a e-mail was also received by them. He also submitted that report from the Technical Observer was also obtained to this effect in which it is stated that there was no error of any kind and the computer was found to be technically functional and sound.

5.

We have seen the report. The compliant submitted by the applicant was that the computer screen was blinking and going on and off. The Technical Observer’s report is that the connections were intact and there was no error of any kind. However, there is no observation made by the Technical Observer with respect to the screen of the computer. Even otherwise, the counsel submits that the Typing Test is still on going and 28.09.2024 is the last date.

6.

In view of the above, we are of the considered opinion that this is a fit case where the benefit of doubt should be given to the applicant and therefore, we dispose of the present OA with a direction to the respondent to give one opportunity to the applicant to appear in the on going Typing Test on or before 28.09.2024.

7.

With the aforesaid directions, the OA stands disposed of. Pending MA, if any, stands disposed of accordingly. No costs.