Extracted from the PDF above. The PDF is authoritative.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010429432019 + W.P.(C) 11489/2019
RAKESH KUMAR GUPTA .....Petitioner Through: Mr. Jai Sahai Endlaw and Ms. Shruti Kapur, Advocates with Petitioner-in- person.
versus
UNION OF INDIA AND ANR. .....Respondents Through: Mr. Vikrant Nilesh Goyal, SPC with Capt Himanshu Tyagi, Army.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R %
17.08.2026
1. After the last order passed by this Court vide order dated 29th July, 2026, the respondents have chosen to file an additional affidavit in the matter. Alongwith the same, respondents have placed on record the material to demonstrate that the petitioner was permitted to participate in the physical test conducted by them, wherein he was shown to have failed.
2. The said factual matrix is not countered by the petitioner.
3. Leave apart the difficulties/hardships faced by learned counsel for the petitioner in view of the disabilities suffered by the latter in the matter of communication with his counsel, learned counsel for the respondents has produced the record of the respondents on his iPad, wherefrom it is demonstrated that in the Physical Endurance Test, the petitioner has duly participated and was declared fail. Such participation is also acknowledged This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/08/2026 at 12:24:43
by him by putting his thumb impression and also his signatures.
4. There is no reason to disbelieve the stand of the respondents that petitioner was not offered an equal opportunity to participate in the selection process of 2018, in which he has failed to clear the Physical Endurance Test. That being so, in our opinion, no illegality could be noticed in the matter of grant of opportunity to the petitioner in the matter of selection process undertaken by the respondents for the post of Fireman in 24 Field Ammunition Depot.
5. As such the petition lacks merit, stands dismissed.
6. Pending application(s), if any, also stands disposed of.
7.
Order be uploaded on the website of this Court, forthwith.
NITIN WASUDEO SAMBRE, J
AMIT SHARMA, J AUGUST 17, 2026/sn/db
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/08/2026 at 12:24:43