Rajeev Kumar Vs Govt. Of NCT Of Delhi And Ors

Central Administrative Tribunal Principal Bench, New Delhi 3 Aug 2018 Original Application No. 2476 Of 2016 (2018) 08 CAT CK 0154
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Original Application No. 2476 Of 2016

Hon'ble Bench

K.N. Shrivastava, Member (A); S.N. Terdal, J

Advocates

M.K. Bhardwaj, K.M. Singh, R.K. Shukla, S.K. Gupta

Final Decision

Dismissed

Acts Referred
  • Administrative Tribunals Act, 1985 - Section 19

Judgement Text

Translate:

S. No.,"Test

Items","Minimum

Qualified

Standards",1,2,3,4,5,6,7,8,9,10

1.,"Long

Jump

(Mtrs.)",2.80,"2.80 &

abov e",3.10,3.40,3.70,4.0,4.30,4.60,4.9,5.2,"5.50

abov e

2.,"High

Jump

(Mtrs.)",0.80,"0.80 &

abov e",0.90,1.0,1.10,1.20,1.30,1.40,1.5,1.6,"1.70

abov e

3,"800

Mtrs.

Run

(Sec.)",200,"200 &

abov e",200,195,190,185,180,175,170,165,"160

abov e

S. No.,"Test

Items","Minimum

Qualified

Standards",1,2,3,4,5,6,7,8,9,10

1.,"Long

Jump

(Mtrs.)",2.80,"2.80 &

abov e",3.10,3.40,3.70,4.0,4.30,4.60,4.9,5.2,"5.50

abov e

2.,"High

Jump

(Mtrs.)",0.80,"0.80 &

abov e",0.90,1.0,1.10,1.20,1.30,1.40,1.5,1.6,"1.70

abov e

3,"800

Mtrs.

Run

(Sec.)",200,"200 &

abov e",200,195,190,185,180,175,170,165,"160

abov e

S. No.,"Test

Items","Minimum

Qualified

Standards",1,2,3,4,5,6,7,8,9,10

1.,"Long

Jump

(Mtrs.)",2.80,"2.80 &

abov e",3.10,3.40,3.70,4.0,4.30,4.60,4.9,5.2,"5.50

abov e

2.,"High

Jump

(Mtrs.)",0.80,"0.80 &

abov e",0.90,1.0,1.10,1.20,1.30,1.40,1.5,1.6,"1.70

abov e

3,"800

Mtrs.

Run

(Sec.)",200,"200 &

abov e",200,195,190,185,180,175,170,165,"160

abov e

respondents conducted the PET at that time, he would have done much better in PET and would have easily secured more than the cut off marks of",,,,,,,,,,,,

33% in it.,,,,,,,,,,,,

4. The official respondents in their reply have broadly averred as under:,,,,,,,,,,,,

4.1 The DSSSB have called 398 eligible candidates for PET for the post of Sub Officer under Post Codes 103/97 and 69/14 in Delhi Fire Service.,,,,,,,,,,,,

Only 176 candidates participated in the PET. The PET was conducted in accordance with the RRs and the order dated 10.01.2013 of Chief Fire,,,,,,,,,,,,

Officer (page 42) in which it has been clearly indicated that PET would be of 30 marks and besides being qualifying in nature it would also be,,,,,,,,,,,,

competitive as well.,,,,,,,,,,,,

4.2 The letter makes it clear that for qualifying PET, a candidate has to obtain minimum 33% marks in it.",,,,,,,,,,,,

5. The private respondents in their reply have generally stated as under:,,,,,,,,,,,,

5.1 In the order dated 27.05.2008 issued by the Chief Fire Officer minimum qualifying criteria have been prescribed according to which a candidate,,,,,,,,,,,,

has to qualify in each of the three events and shall have to obtain minimum 33% marks in aggregate to be declared pass.,,,,,,,,,,,,

5.2 The applicant has secured just seven marks in all the three events of the PET for the post code 103/07 and as such he has not qualified the PET,,,,,,,,,,,,

for which the cut off marks was 33%, i.e., 10 out of 30.",,,,,,,,,,,,

6. The applicant has filed rejoinder to the replies filed on behalf of the official respondents and private respondents.,,,,,,,,,,,,

7. On completion of the pleadings, the case was taken up for hearing the arguments of the learned counsel for the parties heard on 11.07.2018.",,,,,,,,,,,,

Arguments of Shri M.K. Bhardwaj, learned counsel for the applicant and Shri R.K. Shukla and Shri S.K. Gupta, learned counsel for the respondents",,,,,,,,,,,,

were heard.,,,,,,,,,,,,

8. We have considered the arguments of the learned counsel for the parties and have also perused the pleadings. Admittedly, the DSSSB in its",,,,,,,,,,,,

Annexure A-2 advertisement, inviting applications inter alia for the posts of Sub Officer in Delhi Fire Service, had indicated the physical standards for",,,,,,,,,,,,

the three PET events. For the reasons internal to the respondents, pursuant to the Annexure A-2 advertisement, the written examinations and PET",,,,,,,,,,,,

could not be conducted in time. In the meantime, the DSSSB came up with another advertisement in the year 2014 again inviting applications for the",,,,,,,,,,,,

post of Sub Officer in Delhi Fire Service (Post Code 69/14) together with some other posts. The combined PET and written test for both the Post,,,,,,,,,,,,

Codes 103/07 and 69/14 were conducted by DSSSB on 12th & 13th December, 2015. Pertinent to note that the Chief Fire Officer vide his order",,,,,,,,,,,,

dated 10.01.2013 (page 42) has indicated clearly that PET, besides being qualifying in nature would also be competitive. This order also clearly",,,,,,,,,,,,

indicates as to how the marking are to be given in the three events of PET, viz. long jump, high jump and 800 mtr. run. Hence, the candidates were",,,,,,,,,,,,

obliged to follow the instructions contained in the advertisement together with those in the order of the Chief Fire Officer dated 10.01.2013. These,,,,,,,,,,,,

instructions are to be read in conjunction with the RRs for the post of Sub Officer.,,,,,,,,,,,,

9. The instructions referred to in pre-para, would make it clear that a candidate has to secure minimum 33% marks for qualifying PET. Further the",,,,,,,,,,,,

instructions make it clear that cut off marks for inclusion of the name of a candidate in the final select list, in the combined score in PET and written",,,,,,,,,,,,

examination, is 33%. It is not in dispute that the applicant has scored only seven marks out of 30 in the PET which is less than 33% marks, i.e., 10",,,,,,,,,,,,

marks. Hence, the applicant has been correctly declared ineligible. Issuance of admit card for appearing in the written examination did not guarantee",,,,,,,,,,,,

that he had qualified the PET. The contention of the applicant that PET was not indicated to be competitive and there is no stipulation in the Annexure,,,,,,,,,,,,

A-2 advertisement that the cut off marks for PET is 33%, is totally unacceptable and is accordingly repelled. The instructions contained in Annexure",,,,,,,,,,,,

A-2 advertisement have to be read in conjunction with the Chief Fire Officer’s letter dated 10.01.2013 (page 42) and the RRs.,,,,,,,,,,,,

10. In the conspectus, we do not find any merit in this OA. It is accordingly dismissed.",,,,,,,,,,,,

11. There shall be no order as to costs.,,,,,,,,,,,,

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