DSSSB Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 27/4/2023 passed by the learned Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') in O.A. No.1471/2021. Vide the impugned order, the learned Tribunal has allowed the OA preferred by the respondent by directing the petitioner to process his candidature for the post of Physical Education Teacher notified vide advertisement bearing no. 04/2020.

(2.) Learned counsel for the petitioner submits that the impugned order is liable to be set aside as the learned Tribunal has failed to appreciate that once it was made mandatory for all candidates to upload their latest postcard size photograph (5 inches x 7 inches), the candidature of the respondent, who had uploaded only a passport size photograph, was rightly rejected. He submits that the directions to candidates to upload their postcard size photograph as against passport size photograph was issued pursuant to the directions issued by the Apex Court in W.P.(C) 234/2018 titled Shantanu Kumar and Ors. vs. UOI and Ors. Merely because the respondent was, pursuant to the interim orders passed by the learned Tribunal, permitted to submit his postcard size photograph in the offline mode before the examination and was consequently issued the necessary admit card, would not imply that this vital lapse on his part could be condoned. He, therefore, prays that the impugned order be set aside.

(3.) Having heard the submissions of the learned counsel for the petitioner, we may begin by noting the relevant extracts of the impugned order which read as under: