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Judgment
Hon’ble Dr Anand S Khati, Member (A):
The applicant is a candidate for two competitive recruitment examinations, namely, the Combined Graduate Level Examination (CGL) Tier-I, 2026, conducted by Respondent No. 1, Staff Selection Commission (SSC), and the Grade-II (GNCTDSS)/Assistant Section Officer Examination, Post Code 804/26, conducted by Respondent No. 2, Delhi Subordinate Services Selection Board (DSSSB).
Learned counsel for the applicant submits that Respondent No. 1 issued the notification for the SSC CGL Examination, 2026, on 21.05.2026, pursuant to which the applicant submitted his application and was allotted Registration No. 10011789694.
Learned counsel further submits that the e-admit card issued by Respondent No. 2 on 18.09.2026, according to which the DSSSB examination for Post Code 804/26 was scheduled to be held on 16.10.2026 from 9:00 AM to 11:00 AM, with a reporting time of 7:30 AM, at the examination city of Noida. On the other hand, Respondent No. 1 also issued an admit card to the applicant for the SSC CGL Tier-I Examination, 2026, scheduled to be held on 16.10.2026 from 10:00 AM to 11:00 AM, with a reporting time of 8:30 AM. Thus, the timings of the two examinations overlap, making it impossible for the applicant to appear in both examinations.
Learned counsel for the applicant further submits that the applicant approached both the examination authorities seeking appropriate relief so that he could appear in both examinations. However, no effective relief was granted to him. Aggrieved thereby, the applicant has filed the present Original Application seeking, inter alia, the following reliefs:
“8.Relief(s) sought:
(a)set aside the Order dated 08.10.2026 (File No. E Office-311239/F.55(438)/EXAM/DSSSB/2972-79) passed by Respondent No. 2, to the extent it rejects the Applicant’s request for rescheduling;
(b)direct Respondent No. 2 to provide the Applicant an alternative date/slot for the examination for Post Code 804/26 on the same paper pattern and conditions as other candidates or, in the alternative, direct Respondent No. 1 to allot the Applicant a shift for the CGL Tier-I, 2026 that does not overlap with the DSSSB examination, so that the Applicant can appear in both examinations;
(c)pass any other order or direction which this Hon’ble Tribunal deems fit and proper in the facts and circumstances of the case, in favour of the Applicant and against the Respondents.”
Learned counsel for the applicant submits that the applicant cannot appear in both examinations simultaneously owing to the overlapping examination timings. He, therefore, submits that the relief sought by the applicant deserves consideration, particularly in view of the imminent examination date.
In support of his submissions, learned counsel places reliance upon the order passed by the Hon’ble Supreme Court in Nisha Kumar and Others v. Haryana Public Service Commission and Another in W.P. (C) No. 310/2022, decided on 09.05.2022, wherein the Hon’ble Supreme Court observed as under:
“In our view, the petitioners have made out a prima facie case for grant of stay. In the aforesaid circumstances, as an interim measure, it is directed that the examinations of the Haryana Civil Services (Judicial Branch) Examinations scheduled for 6th to 8th May, 2022 are stayed and shall be postponed.”
On 13.10.2026, the respondents were directed to seek instructions in the matter. Today, Mr J P Tiwari, learned counsel appears for the respondent no. 1. None appears for the respondent no. 2.
Learned counsel for the applicant submits that this Tribunal may consider the alternative relief sought in clause 8(b) of the OA, which pertains to Respondent No. 1/SSC, and direct Respondent No. 1 to allot the applicant an alternative shift or date for the SSC CGL Tier-I Examination, 2026, so that he may appear in both examinations.
Per contra, learned counsel for Respondent No. 1 vehemently opposes the contention of the applicant, submitting that, as the examination has already commenced, it may not be feasible to accommodate the applicant in an alternative shift or on another date. Learned counsel further submits that any such arrangement at this stage may not be administratively feasible.
It is noticed that the applicant has sought relief 8(a) from the respondent no. 2 i.e. DSSSB and in the alternative, at column 8(b), a direction to Respondent No. 1 i.e. SSC to allot him a shift for the SSC CGL Tier-I Examination, 2026, which does not overlap with the DSSSB examination. However, no effective representation has been made on behalf of Respondent No. 2/DSSSB, and the time available for resolving the issue is limited.
Having regard to the fact that both examinations are scheduled on the same date and their timings overlap, and considering the limited time available before the examinations, we are of the view that the applicant's request requires consideration so that he is not deprived of the opportunity to appear in either of the two recruitment examinations.
In view of the aforesaid facts and circumstances, we direct Respondent No. 1/SSC to consider the feasibility of allotting the applicant an alternative shift or date for the SSC CGL Tier-I Examination, 2026, which would enable him to appear in both examinations, and to communicate its decision to the applicant at the earliest, preferably before the scheduled date of the examination, i.e., 16.10.2026.
In view of the above direction, the present OA is disposed of. No order as to costs.