$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010352622026 + W.P.(C) 10969/2026, CM APPL. 50752-50753/2026 SUSHIL MALIK .....Petitioner Through: Mr. Jatin Choudhary, Ms. Shagufa Salim, Mr. Aadarsh Priyadarshi, Advocates. versus DELHI SUBORDINATE SERVICES SELECTION BOARD & ANR. .....Respondents Through: Mrs. Avnish Ahlawat, SC for GNCTD Services with Mr. N.K. Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 04.08.2026 1. This writ petition seeks the following relief: “(a) issue a writ of mandamus, or any other appropriate writ, order or direction, directing the Respondents to provide/restore the reservation for Meritorious Sportspersons to the Petitioner and other similarly situated 2009 sports-quota applicants of Post Code 90/09, in the ongoing recruitment process under Post Code 804/26 (Advertisement No. 01/2026 dated 20.02.2026 read with Corrigendum dated 26.05.2026), by suitably modifying the online application form/process to reflect and accommodate the said category; (b) in the alternative, and without prejudice to prayer (a) above, issue a writ of mandamus, or any other appropriate writ, order or direction, directing the Respondents to identify, carve out and provide an equivalent number of 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 06/08/2026 at 13:16:30 Group 'C' vacancies (at least eight in number, being the seats originally earmarked for the Meritorious Sportspersons category under Post Code 90/09) and to accommodate the Petitioner, along with other similarly situated Meritorious Sportsperson candidates of the year 2009, against such Group 'C' vacancies, in compliance with the order dated 27.02.2026 passed by the Hon'ble Supreme Court of India in Writ Petition (Civil) No. 901/2025; (c) issue a writ of mandamus, or any other appropriate writ, order or direction, directing the Respondents to consider and decide the Petitioner's representation dated 24.07.2026 in a time-bound manner, by a reasoned and speaking order, after affording an opportunity of hearing to the Petitioner; (d) pass an ad-interim ex-parte order directing the Respondents to extend the closing date of the special online link (presently 17.08.2026) qua the Meritorious Sportspersons category of 2009 applicants of Post Code 90/09, or to keep at least the equivalent number of vacancies/seats in abeyance, till the disposal of the present petition, so as to protect the Petitioner's right to participate in the recruitment process pending adjudication; (e) pass any other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. At the outset, counsel for the Respondents raises a preliminary objection to the maintainability of the present petition on the ground that DSSSB is covered under the ambit of Section 14 of the Administrative Tribunals Act, 1985. Section 14(1)(b)(iii) provides that the Central Administrative Tribunal1 shall exercise jurisdiction over service matters concerning persons appointed in connection with the affairs of the Union or of any local or other authority under the control of the Government. Upon a plain reading of the said provision, service matters pertaining to the DSSSB fall within the jurisdiction of CAT. It is submitted that, consequently, the Petitioner is required to first avail the statutory remedy before the Tribunal. 1 “CAT” 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 06/08/2026 at 13:16:30 In support of the said objection, reliance is placed upon the decision of the Supreme Court in L. Chandra Kumar v. Union of India & Ors2. 3. In view of the above, counsel for the Petitioner seeks leave to withdraw the present petition with liberty to approach the CAT, in accordance with law. 4. Leave and liberty as prayed for are granted. 5. The Petitioner’s representation dated 24th July, 2026, pertaining to his claim for consideration as a meritorious sportsperson in the ongoing recruitment process, is yet to be decided by the competent authority. Accordingly, the Respondents are directed to consider and decide the said representation by passing a reasoned and speaking order within a period of one week from today. 6. It is, however, clarified that any decision taken on the aforesaid representation, or any grievance of the Petitioner that remains unresolved notwithstanding such decision, shall be assailed before the CAT, in accordance with law. 7. The Court has not commented on the merits of the case. All rights and contentions of the parties are left open. 8. Dismissed as withdrawn. SANJEEV NARULA, J AUGUST 4, 2026/ab 2 (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 06/08/2026 at 13:16:30