SH ABHISHEK KUMAR SAINI v. STAFF SELECTION COMMISSION & ORS.
W.P.(C)/11850/2026 · 2026-08-17
Sanjeev Narula
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 15418 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15418 (DEL) · dailylaw.ai ]
Judgment text
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$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010380622026 + W.P.(C) 11850/2026 & CM APPLs. 54728-54729/2026 SH ABHISHEK KUMAR SAINI .....Petitioner Through: Mr. Rahul Kumar Verma, Mr. R.K. Awasthi and Mr. Alok Singh, Advocates. versus STAFF SELECTION COMMISSION & ORS. .....Respondents Through: Mr. Vivek Nilesh Goyal, Ms. Nikita Goyal and Mr. Naresh Chand Goyal, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 17.08.2026
1. This writ petition seeks the following relief:
“a) Issue a writ of Certiorari or any other appropriate writ, order or direction thereby quashing and setting aside the Memorandum dated 21.05.2026 issued by Respondent No.2 whereby the petitioner's candidature has been cancelled and he has been debarred from appearing in the examinations conducted by the Staff Selection Commission for a period of seven years. b) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing all consequential actions flowing from the aforesaid Memorandum, including the Result Notice dated 29.05.2026 and the Marks Status/Final Marksheet dated 16.06.2026 and notice dated 07.08.2026, in so far as they relate to the petitioner. c) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to restore the candidature of the petitioner, process and declare his result on the basis of the 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 20/08/2026 at 15:14:20
marks secured by him in the Computer Based Examination, and permit him to participate in the Physical Endurance & Measurement Test (PE&MT), Document Verification, Trade Test and all further stages of the recruitment process with all the consequential benefits, if otherwise eligible.”
2. At the outset, counsel for the Respondents objects to the maintainability of the present petition on the ground that the Staff Selection Commission is a notified authority under the Administrative Tribunals Act, 1985 and the dispute raised herein falls within the jurisdiction of the Central Administrative Tribunal. It is submitted that, in view of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 the Petitioner, having an efficacious alternative remedy before the Tribunal, cannot invoke the writ jurisdiction of this Court.
3. In view of the above, counsel for the Petitioner seeks leave to withdraw the present petition with liberty to approach the Central Administrative Tribunal, in accordance with law.
4. Leave and liberty as prayed for, are granted.
5. The Court has not commented on the merits of the case. All rights and
contentions of the parties are left open.
6.
Disposed of along with any pending applications.
SANJEEV NARULA, J AUGUST 17, 2026 as 1 (1997) 3 SCC 261. 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 20/08/2026 at 15:14:20