Nawab Wazid Ali & Ors vs Union Of India & Ors
2016 Latest Caselaw 2351 Del

$~8.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 5609/2015 and CM APPL. 10105/2015

       NAWAB WAZID ALI & ORS                    ..... Petitioners
                   Through: Mr. Anuj Aggarwal, Advocate

                           versus

       UNION OF INDIA & ORS                      ..... Respondents
                     Through: Mr. Vivek Goyal, CGSC

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MR. JUSTICE SUNIL GAUR

                           ORDER

% 23.03.2016

1. The present petition has been filed by 40 petitioners praying inter alia

for directions to the respondent No.1/Ministry of Home Affairs, UOI and

respondents No.2 and 3/SSC to include their names in the select list and

issue letters of appointment to them for the post of Constable (GD) in BSF,

CISF, CRPF, SSB, ITB or Assam Rifles.

2. At the outset, counsel for the petitioners states that the petitioner No.2

has already been selected by the respondents and therefore, his name may be

deleted from the array of the petitioners. Counsel for the respondents

confirms the said position.

3. Accordingly, the name of the petitioner No.2 is deleted from the array

of petitioners.

4. The grievance of the remaining petitioners is that upon completing the

written and oral examinations and clearing the medical examination, their

candidature was rejected merely on the ground that they had not exercised

all the options in Column 17 of the examination form, pertaining to the

force-preference. In support of his submission that non-filling of the column

could not be a ground to turn down the candidature of the petitioners,

learned counsel for the petitioners places reliance on the decision of the

Division Bench of this Court in W.P.(C) 7651/2012 entitled Vinay Kumar

vs. UOI and Ors., that was followed in the judgment dated 23.12.2014,

passed in W.P.(C) 9212/2014 entitled Amit Kumar Singh and Ors. vs. UOI

and Ors.

5. Counsel for the respondents states that the contention of the other side

that the petitioners were not selected on the ground that they had failed to

exercise their option in Column 17 in the examination form pertaining to

force preference is incorrect and the correct position is that their

non-selection is on the ground that they were ineligible merit-wise for

inclusion in the select list for any of the CAPF against vacancies allotted to

the general area of UP, in their respective categories. He states that even

otherwise, the present petition is not maintainable in this Court as all the

petitioners are residents of Uttar Pradesh and they had taken their

examination at Allahabad and therefore, no part of the cause of action had

arisen in Delhi for them to have approached this Court for relief.

6. Counsel for the petitioners concedes that the petitioners are residents

of Uttar Pradesh and had taken their examination for recruitment to the post

of Constable (GD) in the year 2011, at Allahadbad, UP. Even their medical

examination was conducted in Allahabad. He states that he may be

permitted to withdraw the present petition while reserving the right of the

petitioners to approach the High Court of Allahabad for appropriate relief.

7. The petition is dismissed as withdrawn alongwith the pending

application, with liberty granted to the petitioners to file a fresh petition

before the High Court of Allahabad within eight weeks from today.

8. Needless to state that in case the petitioners file a fresh petition

before the Allahabad High Court assailing their non-selection, both sides

shall be entitled to take all the pleas that may be available to them, both on

facts and in law.

HIMA KOHLI, J

SUNIL GAUR, J MARCH 23, 2016 rkb/mk