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2023 DIGILAW 3382 (DEL)

Shubham Singh v. Central Industrial Security Force

2023-05-29

NEENA BANSAL KRISHNA, SURESH KUMAR KAIT

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JUDGMENT (Oral) CM APPL. 29491/2023 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. W.P.(C) 7606/2023 3. Vide the present petition, the petitioners are seeking following reliefs: "a.) Direct the respondents to `normalize/equalize/moderate' the marks of the candidates appearing in the written examination to be conducted in multiple shifts i.e. in two spells of three phases each from 10.06.2023 till 15.06.2023 for the post of Head Constable (Min) in CISF 2019 in order to avoid undue advantage to any candidate and to address any variation in difficulty levels of question papers across different spells and phases; b.) Direct the respondents to apply the formula of normalization/moderation published by the Staff Selection Commission through Notice No.11/2018-P&P-I dated 07.02.2019 or any other percentile method as decided by this Hon'ble Court and the final selection of the candidates should be on the basis of the normalized/equalized marks scored by the candidates in the written examination." 4. Mr. Pavan Narang, Senior Panel Counsel appearing on advance notice, submits that till date the schedule of the examination has not yet been officially finalised, and therefore, there is no challenge of any impugned order in the present petition. 5. Learned counsel for the respondents further submits that the Annexure P-3 to the present petition is an internal Communication dated 10.05.2023 which is a tentative schedule for conducting the written examination and earmarking of the examination centres. 6. Learned counsel for the petitioners submits that the petitioners have made the Representation dated 21.05.2023 in regard to normalization of the marks of the candidates appearing in the written examination for the post in question to the respondents. 7. Learned counsel for the respondents submits that though the representation has been made on 21.05.2023, however, the same has been received by the respondents on 24.05.2023. 8. Accordingly, in view of above, we hereby dispose of the present petition granting liberty to the petitioners that as and when any cause of action arises, they may challenge the same before the appropriate forum. 9. We hereby make it clear that while finally deciding the centres and dates for conducting the written examination, the respondents shall take into consideration the Representation dated 21.05.2023 of the petitioners and do the needful whatever is required thereof. 10. Accordingly, the present petition along with pending application is disposed of.