Candidates Entitled To Notional Security On The Basis Of A Revised Merit List- In The Case Of Sunil And Ors Versus High Court Of Delhi And Ors

WHAT IS THIS CASE ABOUT 

The Delhi High Court invited applications for 27 vacant posts of private secretaries. A written examination was conducted, and after the merit list was published, a few candidates applied for a re-evaluation of their answer scripts. A Special Committee was formed to decide upon matters relating to the examination. A total of 13 candidates applied for re-evaluation, and the marks of all 13 candidates were increased later on. On a Special Committee meeting dated 01.10.2018, the committee held that the candidates on the basis of their revised marks are entitled to notional security. The issue in this case was whether the appellants whose marks were increased after re-evaluation are entitled to be ranked as per the revised marks in the merit list which determines their seniority for future promotions.

CONTENTIONS OF THE PARTIES

Counsel representing the respective parties held that the re-evaluation of 13 candidates had been accepted, and thus the special committee was correct in its decision. Counsel also contended that, the candidates whose marks had increased deserved to be placed at appropriate places as per the revised marks. It was further held that the cases relied upon by the counsels representing the respondents such as K. Meghachandra Singh & Ors. vs. Ningam Siro & Ors. (2020) 5 SCC 689 and Centre for Public Interest Litigation vs. Registrar General of Delhi High Court will not be applicable to the present case.

OBSERVATIONS OF THE COURT

The Supreme Court of India allowed the appeals. The bench consisting of M.R. Shah and J.B. Pardiwala quashed and set aside the High Court order. It was held by the court that notional security will be allowed to appellants on the basis of their re-evaluation marks.

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