Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 6508 (DEL)

MD MU EINUDDIN v. UNION PUBLIC SERVICE COMMISSION & ANR.

W.P.(C)/6638/2025 · 2026-09-15

Amit Sharma, Nitin Wasudeo Sambre

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010307372025 + W.P.(C) 6638/2025 & CM APPL. 30156/2025 MD MU EINUDDIN .....Petitioner Through: Mr. Sachin Kumar and Mr. Shivam Awasthi, Advocates versus UNION PUBLIC SERVICE COMMISSION & ANR. .....Respondents Through: Mr. Ravinder Agarwal, Mr. Manish Kumar Singh and Mr. Vasu Agarwal Advocates for R-1. Mr. Syed Abdul Haseeb, CGSC with Mr. Muhammad Aamir Khan, Advocate for R-UOI CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 15.09.2026 1. The prayer in the petition reads thus:- a) Issue a writ, order or Direction in the nature of Mandamus for reinstate the candidature of Petitioner for the purpose of the recruitment pursuant to Central Armed Police Forces (Assistant Commandants) examination-2024; b) Issue a writ, order or Direction in the nature of Mandamus directing the Respondents to retain the petitioner in OBC (NCL) category and accept the OBC (NCL) certificates submitted by the petitioner for the purpose of the recruitment pursuant to 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 17/09/2026 at 11:57:49 Central Armed Police Forces (Assistant Commandants) examination-2024. c) Pass any order/relief/direction(s) as this Hon’ble High court may deem fit and proper in the interests of justice in favor of the petitioners. 2. The case of the petitioner rests on the ground that the issuance of OBC certificate in his favour was within the cut-off date, but the same was submitted with the respondents subsequent to the prescribed timeline. 3. It is urged that the issue as regards whether the petitioner can be said to be qualified for appointment or not has already been adjudicated by a Division Bench of this Court in the matter of Raghvendra Singh & Anr. vs Union Public Service Commission & Anr. vide Judgment dated 10th December, 2025 in W.P. (C) No. 8304/2025 [2025:DHC:11105-DB]. 4. It is further stated that the issue is also covered by another judgment of this Court dated 03rd February, 2026 passed in the matter of Bharath Singarappa Vs. Union Public Service Commission & Ors. in W.P.(C) 3404/2025 [2026:DHC:898-DB]. 5. The counsel for the petitioner pointed out from the record that along with the application for preponement of the date of hearing, the petitioner has placed on record the notice dated 24th August 2026 issued by the Directorate General BSF-Ministry of Home Affairs, wherein the candidature of the petitioner is shown to be in the ‘Provisional Candidates CAPFS (AC) Exam 2024 (Reserve List)’. 6. Learned counsel for the petitioner, as such, submits that the respondents be directed to consider the candidature of the petitioner from ‘OBC category’ based on the certificate submitted by him. 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 17/09/2026 at 11:57:49 7. The aforesaid factual matrix is not disputed by the respondents viz. the existence of judgment in the matter of Raghvendra and Bharath Singarappa cited supra, wherein similar issue has been dealt with. 8. In that view of the matter, we deem it appropriate to allow the present petition in terms of the judgment passed in the matter of Raghvendra and Bharath Singarappa (cited supra). 9. The aforesaid order is passed having regard to the fact that parties to the petition, including the respondents, agree that the petitioner’s case is at par with the petitioners in the aforementioned two matters. 10. The respondents, as such, are directed to consider the candidature of petitioner from the OBC-category based on the certificate that was produced by him and upon verification of the same, the petitioner shall not be unsuited on the ground that the certificate was not submitted within the prescribed time limit. 11. The respondents, if found that the petitioner satisfies the other prescribed criteria for qualification and that his certificate is genuine, shall grant appointment and seniority to the petitioner as per the final result. The seniority be granted to the petitioner with a rider that he shall not be entitled for the financial benefits. 12. The petition stands allowed in above terms. 13. Pending applications also stand disposed of accordingly. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 15, 2026/ay/gs 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 17/09/2026 at 11:57:49