Facts
The Petitioner applied for the post of Sub-Inspector (SI) in Delhi Police pursuant to a 2019 notification issued by the Staff Selection Commission (SSC).
Source reference: para. 2, 4Paragraph 7.6 of the notification mandated that male candidates possess a valid Driving License for LMV (Motorcycle and Car) by the date of the Physical Endurance and Measurement Test (PEMT); no such condition was stipulated for female candidates.
Source reference: para. 2, 14The Petitioner qualified for Paper-I and obtained a learner’s license on June 8, 2020.
Source reference: para. 5At the PEMT held on December 24, 2020, the Petitioner produced only the learner’s license, as he had not yet obtained a permanent license.
Source reference: para. 6, 26He eventually obtained a permanent license on March 26, 2021.
Source reference: para. 7Consequently, the Respondents disqualified him for the post of SI in Delhi Police but selected him for SI in the CISF.
Source reference: para. 15The Petitioner challenged the requirement as discriminatory and sought a waiver for the delay citing COVID-19 restrictions.
Source reference: para. 1, 9Issues
1. Whether the requirement of a valid LMV driving license for male candidates, while exempting female candidates, is discriminatory and unconstitutional.
Source reference: para. 24-252. Whether a learner’s license satisfies the eligibility criteria of possessing a "valid driving license" at the time of PEMT.
Source reference: para. 27-283. Whether the delay in obtaining the license can be condoned due to the COVID-19 pandemic.
Source reference: para. 33Law Applied
Rules 7 and 14(a) of the Delhi Police (Appointment and Recruitment) Rules, 1980 (as amended in 2018), where Rule 7 explicitly mandates a valid LMV license for male SI candidates at the PEMT stage, while Rule 14(a) contains no such requirement for females.
Source reference: para. 19, 25Supreme Court precedent in Alka Ojha v. Rajasthan Public Service Commission, which established that a learner’s license cannot be equated with a "driving license" as defined under Section 2(10) of the Motor Vehicles Act, 1988, for eligibility purposes.
Source reference: para. 22, 28Statutory eligibility dates must be strictly adhered to and cannot be overridden by pleas of equity.
Source reference: para. 30, 32Reasoning
The Court held that the notification was not discriminatory because it was rooted in the distinct statutory provisions of Rule 7 (for males) and Rule 14(a) (for females) of the Delhi Police Rules, which the Petitioner had not challenged.
Source reference: para. 25Regarding the learner’s license, the Court reasoned that such a license is issued solely for the purpose of learning and carries inherent limitations, unlike a regular driving license; thus, it does not satisfy the eligibility criteria.
Source reference: para. 27, 29The Court rejected the Petitioner's COVID-19 plea, noting that the recruitment notification was published in October 2019, providing ample time for the Petitioner to secure a license before the pandemic-induced lockdowns began in March 2020.
Source reference: para. 33The Court emphasized that since the requirement of a license was a mandatory statutory rule, the Respondents could not accept a license issued after the PEMT date.
Source reference: para. 30Holding
The Court dismissed the writ petition, holding that the Petitioner was rightly disqualified for the post of SI in Delhi Police for failing to possess a valid LMV driving license on the date of PEMT.
The Court clarified that a learner’s license is not equivalent to a permanent driving license for recruitment eligibility.
Source reference: para. 29The Petitioner’s selection for the post of SI in the CISF remained undisturbed, as a license was not a prerequisite for that position.
Source reference: para. 32All pending applications were dismissed as infructuous.
Source reference: para. 34Original Court PDF
Vikram Kumar JhavsUnion Of India & Ors.
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