Delhi High Court
Ajit Kumar Singh vs Union Of India & Ors. on 17 July, 2015
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on : 17.07.2015
+ W.P.(C) 6569/2015
AJIT KUMAR SINGH ..... Petitioner
Through: Mr Ankur Chhibber, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr Vikash Mahajan, CGSC, Mr S.S. Sejwal,
Law Officer and Mr B.K. Raut, Pairvi Officer, CRPF
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MS. JUSTICE DEEPA SHARMA
MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)
%
1. The petitioner complains of arbitrariness and impugns the rejection letter
dated 22.05.2015, communicated to him, whereby respondent-CRPF stated that he
could not be considered for promotion under the Limited Departmental Candidate
Examinations (LDCEs) process to the post of Head Constable (Ministerial).
2. The relevant facts are that the petitioner joined the CRPF on 21.01.2002 as a
Water Carrier. One of the avenues for career advancement for such employees is
that eligible candidates possessing required qualifications are entitled to
participate in the LDCEs, which reserves 15% of the cadre of Head Constables
(Ministerial) through promotion. The relevant criteria are spelt out in the Central
Reserve Police Force, Assistant Sub-Inspector (Steno) and Head Constable
(Ministerial) Recruitment Rules, 2012 (hereinafter referred to as 'the Rules').
W.P.(C) 6569/2015 Page 1
3. The CRPF advertised on 25.03.2014 that the examination of LDCEs for the
post of Head Constable (Ministerial) would be undertaken. The advertisement
stipulated that upper age for appearing in the examination was 40 years. The
medical category spelt out "SHAPE-I". The relevant column in respect of physical
standards, i.e., Column-(e) stipulated as follows:-
(e) Physical standard Candidates appearing in subject LDCEs will be allowed
condonation in physical standard to the extent, it was allowed at
the time of their initial recruitment. As such, there shall be no
minimum/prescribed physical standard for candidates appearing in
subject LDCEs.
4. The petitioner participated in the LDCEs conducted by the respondents on
07.04.2014. He was provisionally accepted and allotted roll number, pursuant to
which he appeared in the written test. He received a communication calling upon
him to take part in the Skill (typing) Test. He was later asked to appear for the
medical test to be conducted on 16.10.2014. He did so. In these circumstances, on
22.05.2015, the CRPF communicated the rejection of his candidature stating that
he did not possess the requisite height, i.e., 165 centimetres which was applicable
to the post for promotion. It is pointed out by the learned counsel for the petitioner
that the notification which called for applications and responded duly to by the
petitioner, clearly stated that the physical standards would be what were originally
prescribed at the entry level for the concerned candidate. Since the petitioner
concededly was recruited and allowed to join as Water Carrier and at that time,
the CRPF itself was aware about his height, i.e. 157 cms it could not legitimately
have contended that he falls below the prescribed physical standard. Learned
counsel for the petitioner submitted that the respondents' reliance upon the Rules
is of no consequence since the physical standards prescribed there apply to direct
recruitment. On behalf of the CRPF, it is contended that the Rules specifically
W.P.(C) 6569/2015 Page 2
state that the physical standard applicable to the post mandate that a candidate
should have minimum height of 165 centimetres, relaxable in certain
circumstances up to 162.5 cms. It is contended that once the employer prescribes
certain minimum eligibility standard in respect of the post, the same applies to all
modes of recruitment.
5. The 2012 Rules, to the extent they are relevant, are extracted below:-
Nam X X X X X Educational and other Whether Period of Method of In case of recruitment by X X
e of qualifications required for age and Probation, recruitment, promotion/ deputation
the direct recruits educationa if any whether by direct /absorption, grades from
which
post l recruitment or by
promotion/deputation/absor
qualificati promotion or by ption to be made.
ons deputation/absor
prescribed ption and
for direct percentage of the
recruits vacancies to be
will apply filled by various
in the case methods
of
promotes
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
1. X X X X X (i) 10+2 pass or equivalent Not Two years (i) 85% by direct i. By Limited X X
Assi from a recognized Board or applicable recruitment Departmental competitive
stant University. Examination.
sub- (ii) 15% by
Insp (ii) Skill test norms on Limited From amongst Constable
ector computer:- Departmental (General Duty), Head
Competitive Constable (General Duty),
(sten Dictation: 10 minutes @ 80
o) Examination, Head Constable
words per minute.
failing which by (Ministerial Constable)
Transcription time-50 direct (Daftary) and Constable
minutes in English or 65- recruitment. (Tradesment) with five
minutes in Hindi on year combined regular
computer
service in Constable
(iii) Physical Standard
and/or Head Constable
grade and possessing
Height Male Femal qualifications prescribed
e for direct recruits under
column (7)
For all 165 155
candidate cms. cms. ii should be in the medical
except the category "SHAPE--1" and
Scheduled
Tribes iii. Must have good record
Candidates of service
Relaxation 162.5 150
: cms. cms
Candidates
falling in
W.P.(C) 6569/2015 Page 3
the
categories
of
Garhwalie
s,
Kumaonis,
Gorkhas,
Dogras,
Maraths
and
candidates
belong to
the States
of Sikkim,
Nagaland,
Arunachal
Pradesh,
Manipur,
Tripura,
Mizoram,
Meghalaya
, Assam
and
Jammu
and
Kashmir
All 162.5 150
candidates cms cms
belong to
the
Scheduled
Tribes
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
2. X X X X X (i) 10+2 pass or equivalent from a Not Two years (i) 85% by direct i. By Limited X X
Head recognized Board or University. applicable recruitment Departmental competitive
Const Examination.
able (ii) Skill test norms on computer:- (ii) 15% by
(Mini Limited From amongst Constable
sterial English Typing with minimum Departmental
) (General Duty), Head
speed of 35 words minute on Competitive
computer Constable (General
Examination, Duty), Head Constable
Or failing which by (Ministerial Constable)
direct (Daftary) and Constable
Hindi Typing with minimum recruitment. (Tradesment) with five
speed of 30 words per minute on year combined regular
computer service in Constable
and/or Head Constable
(35 words per minute in English
and 30 words per minute in Hindi grade and possessing
corresponding to 10500 key qualifications prescribed
depressions per hour in English for direct recruits under
9000 key depressions per hour in column (7)
Hindi with average of 5 key
depressions for each word on ii should be in the
computer) medical category
"SHAPE--1" and
iii. Must have good
record of service
W.P.(C) 6569/2015 Page 4
(iii) Physical Standard
Height Male Female
For all 165 155 cms.
candidate cms.
except the
Scheduled
Tribes
Candidates
Relaxation: 162.5 150 cms
Candidates cms.
falling in
the
categories
of
Garhwalies
,
Kumaonis,
Gorkhas,
Dogras,
Maraths
and
candidates
belong to
the States
of Sikkim,
Nagaland,
Arunachal
Pradesh,
Manipur,
Tripura,
Mizoram,
Meghalaya,
Assam and
Jammu and
Kashmir
All 162.5 150 cms
candidates cms
belong to
the
Scheduled
Tribes
6. We are of the opinion that the CRPF's contentions are without merit. The
standard of a candidate possessing 165 cms is applicable only to direct recruits--
none else. Column 11 has been inserted specifically with respect to the 15% quota
for LDCEs. The first part of that column spells out the category of posts and the
requisite qualifying service with the necessary qualifications, which an LDCEs
candidate should possess. In these circumstances, a reference to "qualifications
prescribed for direct recruitment under Column 7", in our opinion, alludes to
educational qualifications, i.e., 10+2 pass or equivalent from a recognized Board/
University and further mandate with respect to the Skill Test. However, medical
W.P.(C) 6569/2015 Page 5
standards applicable for LDCEs is very specific, i.e., 'should be in the medical
category SHAPE-I'. In these circumstances, the advertisement/notification dated
25.03.2014 and the Rules having specifically prescribed a different standard for
LDCEs candidates, the CRPF cannot now insist that the height criteria spelt out for
direct recruits should be applied to render the petitioner ineligible.
7. For the foregoing reasons, the writ petition has to succeed. The order dated
22.05.2015 is hereby quashed. A direction is issued to respondents to consider the
petitioner as eligible to the post as against the LDC vacancy, which is available--
(one of which was ordered to be kept vacant during the pendency of the
proceedings) and having regard to his performance in the written test, skill test and
the medical test, declare his result.
8. The petitioner shall be directly communicated in this regard within four
weeks from today.
The writ petition stands disposed off in above terms.
S. RAVINDRA BHAT
(JUDGE)
DEEPA SHARMA
(JUDGE)
JULY 17, 2015
BG
W.P.(C) 6569/2015 Page 6
