RAJEEV KUMAR Vs. DELHI POLICE

JUDGEMENT

(1.) IT is settled law that an advertisement which fouls a statutory standing order cannot prevail over the statutory standing order.

(2.) THE subject of physical standards to be achieved for being recruited as Constable (Driver) in Delhi Police is governed by Standing Order No.208/2010 as per which departmental candidates and ex-servicemen have to qualify 1600 metre race in 7 minutes if they are up to the age of 30 years; in 8 minutes if they are above the age of 30 years and up to 40 years; and in 9 minutes if they are above 40 years; all other have to qualify, irrespective of the age, in 7 minutes.

(3.) THE Physical Endurance Test had to commence on October 08, 2012. On said day the error was noted i.e. the advertisement being not in conformity with the Standing Order and thus those candidates who had reached the venue for Physical Endurance Test were informed that all those who were neither departmental candidates nor ex-servicemen had to qualify the race in 7 minutes and probably for the reason persons above the age of 30 years had practiced on a timing of 8 minutes, it was indicated to them that since the Physical Endurance Test would continue till October 18, 2012 they could go home and practice and enhance their endurance and take the test on October 18, 2012.