Anurag Rawat & Others vs Union Of India And Others
2009 Latest Caselaw 3750 Del

*                IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P(C) No.11461/2009

%                        Date of Decision: 14.09.2009

Anurag Rawat & Others                             .... Petitioners
                   Through Mr.Gautam Awasthi, Advocate

                                 Versus

Union of India and others                          .... Respondents
                      Through Mr.K.P.S. Kohli, Advocate for the
                              respondent No.1.
                              Mr.Naresh Kaushik and Ms.Aditi
                              Gupta,     Advocates     for    the
                              respondent/UPSC.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.     Whether reporters of Local papers may be              YES
       allowed to see the judgment?
2.     To be referred to the reporter or not?                 NO
3.     Whether the judgment should be reported in             NO
       the Digest?


ANIL KUMAR, J. (ORAL)

*

1. The petitioner impugns the selection lists for Army/Navy and for

Airforce and for Naval academy on the ground that the merit ranking of

the petitioners and some other candidates in Air force merit list is

different than the merit ranking in Army/Navy though the candidates

had appeared before the same selection Board. The counsel contended

that in Airforce merit list, Anurag Mathur was below Mr.Vivek Bhaskar,

however, in the merit list of Army/Navy, Mr.Vivek Bhaskar has been

placed below Anurag Mathur.

2. Learned counsel for UPSC, appearing on advance notice,

contends that there was an additional test for Airforce, which is Pilot

Aptitude Battery Test and on account of performance in the said test,

the merit has to be different and merit for Army/Navy can change.

3. Learned counsel for the petitioner also admits that an additional

test for Pilot Aptitude Battery Test was taken for selection to the

Airforce. Since, there is an additional test, Pilot Aptitude Battery Test,

for the selection to the Airforce , different performance in the Pilot

Aptitude Battery Test will/can result into different merit for

Army/Navyand for Air force. Consequently, the grievance of the

petitioner is without any basis and on the said allegations the merit

lists cannot be disallowed.

4. Learned counsel for the petitioner also contends that the merit

list of Army and Navy is the general list having all the candidates and

relies on Annexure P-2. However, perusal of the list reveals that the list

of Army/Navy is separate than Airforce and for Naval academy. In the

circumstances, the pleas raised by the petitioner are not made out.

The admission list prepared by UPSC for Army/Navy, Airforce and Naval

academy are not liable to be quashed on the grounds as raised by the

petitioner.

For foregoing reasons, the petitioner is not entitled to the reliefs

claimed. The writ petition is, therefore, dismissed.

September 14, 2009                                  ANIL KUMAR, J.
'Dev'