Raj Vir Sharma ORDER
Shekhar Agarwal, Member (A)
1. The applicants were candidates for the post of Head Constable (Male) in Transport Department, GNCT of Delhi (Post Code-43/13) for which selection process was initiated by the respondents vide Advertisement No. 3/13 issued on 12.09.2013. They were belonging to the OBC category. They appeared in the written examination held on 28.09.2014. The result of the same was declared on 24.07.2015 in which the applicants obtained first and second rank in the OBC category. Vide letter dated 09.06.2016, which the applicants claim was received by them on 13.06.2016, they were informed that physical test was scheduled for 15-16 June, 2016. The applicants appeared for the physical test on the said dates. However, they were shocked to know that besides chest and height measurement they were required to participate in a race event in which they had to cover 800 mts in 200 seconds. The applicants claim that they objected to this by saying that this was not mentioned in the advertisement. However, they were told to participate in the same, failing which they would be excluded from the selection process. They were also told that instruction regarding the race event had been uploaded on the website of the respondents and the candidates were supposed to peruse the same. The applicants participated in the race event but could not succeed in the same. They submitted a representation to the respondents on 24.06.2016 in which they stated that the race event was illegal and that the selection could not be declared based on the same. Thereafter, they have filed this O.A. before us seeking the following relief:-
"(a) Quash and set aside the impugned decision of the respondents at Annexure A/1 (to the extent of challenge) and
(b) Hold and declare that the respondents have illegally conducted the race event towards the recruitment of Head Constables in Transport Department (Post Code 43/13).
(c) Direct the respondents to exclude the result of the race event from the selection process and to draw and declare the results of selection accordingly based on the merit position of the candidates and in accordance with the Recruitment Rules prescribed for the post of Head Constables in Transport Department.
(d) Direct the respondents to further consider and appoint the applicants as Head Constables in Transport Department, with all consequential benefits.
(e) Award costs of the proceedings; and
(f) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicants."
2. On 01.07.2016, while issuing notice to the respondents, we directed that the respondents shall not declare the result of the aforesaid examination.
3. The contention of the applicants is that the action of the respondents in holding this race event was illegal, arbitrary, unjustified and unconstitutional. The Recruitment Rules (RRs) framed under Article-309 of the Constitution for the aforesaid posts do not provide for any such event for selection of the candidates. From the information down loaded from the website of the respondents, it is evident that this test was introduced as a decision of the Delhi Subordinate Services Section Board (DSSSB). The applicants claim that DSSSB had no such authority competence or jurisdiction to introduce such a race event. Moreover, the decision to conduct such a race event had been taken by the respondents after declaration of the result of the written examination. Any criteria for selection is to be announced to the candidates at the commencement of the selection process. Since this race event was not part of the advertisement issued at the time of commencement of the selection, introduction of the same at a later stage amounts to changing the rules of the game in the midst of the selection process. The applicants have further submitted that they were taken by surprise regarding introduction of this race event when they appeared for the physical test. They did not get a reasonable opportunity to challenge the........