Vikas Kumar Mishra vs Union Of India And Ors
2014 Latest Caselaw 2506 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+           W.P.(C) 2569/2014 and CM No.5341/2014

VIKAS KUMAR MISHRA                              ..... Petitioner
            Through:           Mr. Birendra Kumar Mishra and
                               Ms. Poonam Atey, Advocates

               versus

UNION OF INDIA AND ORS                   ..... Respondents
              Through: Mr. Joginder Sukhija, CGSC with
                       Mr. Sanjeev Narula, Advocate.


CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
HON'BLE MS. JUSTICE PRATIBHA RANI


                         O R D E R (ORAL)

16.05.2014

: REVA KHETRAPAL, J.

1. This Writ Petition is filed for issuance of a writ of mandamus or any other appropriate writ or direction for consideration of the candidature of the Petitioner for the post of Assistant Commandant after affording him an opportunity for verification of his documents, interview, etc. The Petitioner also seeks a writ of certiorari or any other appropriate writ, order or direction for setting aside the communication dated 04.04.2014 whereby the request of the Petitioner for considering his candidature was turned down by the Respondents.

2. Notice of the petition was issued to the Respondents who have filed short reply affidavit.

3. The brief facts relevant for the disposal of the present Writ Petition are that an advertisement was issued on 6th November, 2013 through DAVP for filling up the post of Assistant Commandant (Logistics) in Border Security Force Air Wing by direct recruitment. The advertisement was published in Employment News on 7 th December, 2013 as well as uploaded on BSF website on 20 th November, 2013.

4. In accordance with the advertisement, the recruitment to the above post was conducted at Centre 25 BN, BSF, Chhawla Camp, New Delhi in two phases, i.e., first phase (written exam) and second phase (documentation, interview and medical examination). The first phase examination (written examination) and second phase examination (documentation) were conducted on 23.02.2014 and 27.03.2014 by detailing a Board of Officers. The interview of candidates who qualified in the Documentation test was conducted at Headquarter DG BSF, Block No.10, Lodhi Road, New Delhi on 31.03.2014 and 01.04.2014 by detailing another Board of Officers. Subsequently, medical examination of the successful candidates and interview was conducted at BSF Hospital, R.K. Puram, New Delhi from 01.04.2014 to 03.04.2014. Review Medical Examination of the candidates who were found unfit in initial medical examination was thereafter to be conducted and final list prepared by detailing a Board of Officers.

5. The Petitioner Vikas Kumar Mishra, a candidate of „General Category‟ had also applied for the recruitment to the post of Assistant Commandant (Logistics) in BSF Air Wing. During scrutiny of the applications, he was found eligible by the Scrutiny Board for appearing in the selection test and was allotted a roll number for appearing in the written examination. The result of the written examination was published on the BSF website on 13.03.2014 wherein he was declared qualified. A copy of the result published on the website is annexed to the Writ Petition as Annexure P-3, the relevant extract whereof is reproduced hereunder:

"3. Above qualified candidates are hereby directed to appear in Second Phase Examination which will be conducted as per following schedule:-

           Events           Date          Time         Venue
           Documentation 27.03.2014 1000 Hrs 25
                                          (Reporting Battalion
                                          time 0900 BSF,
                                          hrs)         Chhawla
                                                       Camp,
                                                       Nazafgarh
                                                       Road, New
                                                       Delhi-
                                                       110071
           Interview        31.03.2014 1100 Hrs HQ             DG
           (Subject      to onwards       (Reporting BSF, CGO
           qualifying    in               time 0930 Complex,
           Documentation)                 hrs)         Block
                                                       No.10,
                                                       Lodhi
                                                       Road, New
                                                       Delhi-
                                                       110003
           Medical          Medical     Examination      will   be



            Examination       conducted       immediately       after
           (Subject       to completion of Interview at Delhi.
           qualifying     in
           the Interview)

4. Call letters to such qualified candidates to appear in the Second Phase Examination are being dispatched separately by the examination centre through post. In the event of non-receipt of their call letter, candidates may download a copy of this notification and report at the venue of examination as per date and time mentioned above alongwith sufficient ID Proof documents. Candidates should come prepared for stay at Examination Centre at least for one week on their own arrangement."

6. Subsequently, a call letter was also issued to the Petitioner by Speed Post for appearing in the second phase examination (i.e. Documentation) on 27.03.2014 at Centre 25 BN, BSF, Chhawla Camp, New Delhi. The Petitioner did not appear for the documentation test at the given date and venue. Resultantly, the Board of Officers declared him disqualified for appearing in interview.

7. After completion of the documentation test by the Respondents, however, the Petitioner submitted applications dated 31.03.2014 and 01.04.2014 to BSF Headquarter and requested for verification of his documents and for allowing him to appear in interview. The said request of the Petitioner was declined by the Respondents vide communication dated 4th April, 2014 on the ground that he had been duly informed regarding the date, time and venue for documentation along with the declaration of the results on website.

He was also informed in the manner all other candidates who qualified in the written examination were informed, i.e., through call letter.

8. It is not disputed by the Petitioner that the Respondents while declaring the result on 13.03.2014 also notified on the website/internet the schedule for document verification and interview. The case of the Petitioner, however, is that he was out of Delhi during the period when the result was declared and he returned to Delhi on 28.03.2014. He did not have access to the internet as he was in a remote area of Bihar where internet facilities were not available. The further contention of the Petitioner is that the interview letter issued to the Petitioner was received by his landlord sometime on 22nd or 23rd March, 2014 but he did not inform the Petitioner about the same till 28th March, 2014 when the Petitioner returned to Delhi.

9. From the aforesaid, in our view, it clearly emerges that the Respondents had twice informed the Petitioner about the date fixed for verification of documents and interview, the first time at the time of publication of the result on the internet and on the second occasion through call letter which was admittedly received at the Petitioner‟s residence on 22nd or 23rd March, 2014.

10. The Petitioner in the rejoinder affidavit filed by him states that he had gone to his native village situated at Village and Post Office Ghogharadiha, District Madhuvani, Bihar but has not retained the railway tickets or any proof of his having visited his native village. The Petitioner would also have us believe that the call letter sent to him by the Respondents for the verification of documents and the

interview was received by his landlord who also did not apprise him about the receipt of the same till 28th March, 2014, i.e., the date onwhich he returned to Delhi. We find this hard to believe for the reason that though the Petitioner has placed on record a copy of the tracking report of the said call letter which shows that on 20 th March, 2014 the call letter was returned undelivered with the endorsement "Door Locked/First intimation", the Petitioner has failed to place on record the tracking report to show that on the second occasion the call letter was received not by him but by his landlord.

11. Apart from the above, we are of the view that the Petitioner having appeared in the written examination (the first phase) ought to have been more vigilant about the fixing of the date for the second phase examination, i.e., verification of documents, interview and medical examination. The Respondents had on two occasions informed the Petitioner about the date on which the Petitioner was required to appear for his document verification and interview, i.e., once through the internet and once through the call letter/interview letter from the UPSC, sent through Speed Post. The said call letter was admittedly received by the Petitioner on 22nd or 23rd March, 2014 and thus, the Petitioner received the call letter well within time. If for any reasons of his own he failed to appear for the document verification and interview, he has only himself to blame.

12. The only other contention of the Petitioner is that six other candidates who had not completed their document verification on 27 th March, 2014 (which figure swelled to 15 candidates in rejoinder) were afforded further opportunity to produce the documents on

31.03.2014 and 01.04.2014 for verification. This contention has been categorically denied by the Respondents on affidavit and even otherwise there is nothing on record to bear out the same.

13. In view of the aforesaid, we see no merit in the present writ petition, which is accordingly dismissed. CM No.5341/2014 also stands disposed of. No costs.

REVA KHETRAPAL JUDGE

PRATIBHA RANI JUDGE

May 16, 2014 km