Delhi High Court
Amit Kumar vs The Union Of India And Ors. on 29 August, 2017
$~21.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITION(CIVIL) No. 3694/2017
,Date of decision: 29th August, 2017
AMIT KUMAR ..... Petitioner
Through Md. Azam Ansari, Advocate.
versus
THE UNION OF INDIA AND ORS. ..... Respondents
Through Mr. Vivekanand Mishra, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (ORAL):
Amit Kumar, the writ petitioner, has prayed for direction that he
be admitted to the Army Wing of National Defence Academy.
2. The petitioner had appeared in the written examination for the
National Defence Academy, Course Serial No. 136, conducted by the
Union Public Service Commission.
3. The petitioner had given Army as his first choice as the said
examination was a combined examination for 208 vacancies in the
Army, 42 vacancies in the Navy and 70 vacancies in the Air Force.
4. As per merit list, published on 9th June, 2016, the petitioner had
secured merit position 359, out of total of 423 candidates, who were
short listed. The grievance of the petitioner is that he did not
thereafter receive joining instruction despite sending multiple letters
W.P. (C) No. 3694/2017 Page 1 of 3
and fax messages. Consequently, the petitioner had approached
Lucknow Bench of the Armed Forces Tribunal where his application
was not entertained for want of jurisdiction. The petitioner has now
filed the present writ petition.
5. The respondents in the counter affidavit have stated that 208
candidates, as per the merit list, have been selected and issued letters
to join the National Defence Academy (Army). The petitioner did not
qualify and was not issued the joining letter as he was not amongst the
first 208 candidates who had opted for Army. It is stated that there are
8 more candidates, who had secured a higher ranking than the
petitioner, but have not been issued joining letters for the National
Defence Academy (Army).
6. The respondents have also stated that the petitioner was found
medically unfit for Navy by the Medical Board, including the Appeal
Medical Board. The petitioner had submitted his unwillingness to
undertake the Computerized Pilot Selection System and an
undertaking to the said effect was given by him on 25th February, 2016
at the time of interview. To this extent, there is no challenge in the
writ petition.
7. The contention of the petitioner is that there must be some
wrongdoing in the selection process for the father of the petitioner had
learnt from certain sources that sons of two powerful and influential
persons, who were lower in the merit list, who had not given Army as
the first choice, have been selected for the National Defence Academy
(Army). These allegations were made by the father of the petitioner in
fax message dated 26th July, 2016. At another place, it is stated that
the grievance raised by the petitioner was put up before the Additional
W.P. (C) No. 3694/2017 Page 2 of 3
Director General Recruitment (NDA Entry) Army Headquarter, New
Delhi who, had assured them that they would look into the matter and
communicate the outcome. No such communication or response was
received.
8. These assertions made in the writ petition are vague and without
any basis, foundation and particulars. The examination was conducted
by the Union Public Service Commission. Names of the selected
candidates merit-wise were published on 9th June, 2016. The
petitioner was shown as one of the 423 candidates and as per the
marks obtained was given seniority position at Serial No. 359.
9. We cannot, on the basis of any assumptions and vague
assertions, go on a fishing and roving inquiry whether there was any
wrongdoing in the said selection process. The petitioner has not
indicated names and details of the alleged candidates, who, he states
had procured admission to National Defence Academy (Army) on the
basis of their connections.
10. In view of the aforesaid position, we are not inclined to accept
the present writ petition and the same is dismissed, without any order
as to costs.
SANJIV KHANNA, J.
NAVIN CHAWLA, J.
AUGUST 29, 2017
MR
