UDBHAV KUMAR JAIN Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) We have heard learned counsels for the parties at length and proceed to dispose of the present writ petition.

(2.) The petitioner has preferred the present writ petition to seek a direction to the respondents to appoint him as a Judicial Officer to the Delhi Judicial Service against the vacancy for which he was declared "selected" vide public notice dated 21.05.2019, with all consequential benefits. He also seeks a direction to the respondents to produce the medical examination record of the petitioner, conducted by Aruna Asaf Ali Government Hospital, Delhi (AAAG Hospital) and Lok Nayak Hospital (LN Hospital).

(3.) The background facts are that respondent No. 1, i.e. High Court of Delhi invited applications vide notice dated 13.11.2018 for filling up of 50 vacancies in the Delhi Judicial Services (DJS). There was a corrigendum issued on 19.11.2018 in relation to the number of vacancies. The same was revised upwardly to 147. In relation to the General Category, 112 seats were notified and the others were for reserved categories such as SC and ST. The petitioner filled his on-line application as a General Category candidate. The preliminary examination for the said recruitment process was held on 13.01.2019. The petitioner was shortlisted when the results were declared on 02.02.2019. Thereafter, he appeared for the main examination conducted on 09.02.2019 and 10.02.2019. Vide notice issued on 30.04.2019, he was declared qualified - having secured 447 marks out of 850 marks. The petitioner was called for viva-voce examination to be held on 14.05.2019 before an interview panel of three Hon'ble Judges of this Court. On 21.05.2019, vide a public notice, this Court released the list of selected candidates in order of merit on the basis of their performance in the written examination and viva-voce. The petitioner was placed at serial No. 50 with a total score of 563 marks out of 1000 marks along with 125 other selected candidates. The petitioner accepted the offer of appointment made to him. Thereafter, the petitioner was called for medical examination. He presented himself for medical examination at AAAG Hospital, Delhi on 17.07.2019. The petitioner's case was referred to the Nephrologist at LN Hospital to seek his opinion regarding the petitioner's fitness and for detailed examination post renal transplant. The petitioner has disclosed that he had undergone renal transplant, which was successfully conducted on 11.05.2015 and since then, the petitioner has been regularly following up with his doctor, namely, Dr. (Prof.) Ashwani Gupta, Vice Chairman, Nephrology, Sir Ganga Ram Hospital and he is regularly receiving medications for the same. In pursuance of the reference made to the Nephrologist at LN Hospital, he was called for medical examination on 05.08.2019. It appears that the petitioner was not aware of the report prepared by the Nephrologist when he filed the petition. Since the petitioner did not receive any definite news with regard to his appointment, he made a representation and the same was followed up by a reminder. In this background, he has preferred this petition.