Delhi High Court
Pankaj Yadav vs Union Of India & Ors on 24 December, 2019
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 18th November, 2019
Pronounced on: 24th December, 2019
+ W.P. (C) 11503/2018
PANKAJ YADAV ..... Appellant
Through: Ms. Archana Ramesh, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Sushil Kumar Pandey, Sr. Panel
Counsel with Mr.Kuldeep Singh,
Advocate for R-1/UOI.
+ W.P. (C) 11507/2018
SHRI MONU ..... Appellant
Through: Ms. Archana Ramesh, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Mahender Kr. Bhardwaj,
Mr.K.C.Dubey and Ms. Vinita Kumar
Advocates.
+ W.P. (C) 11511/2018
RISHABH KUMAR SHARMA ..... Appellant
Through: Ms. Archana Ramesh, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Mahender Kr. Bhardwaj,
Mr.K.C.Dubey and Ms. Vinita Kumar
Advocates.
W.P. (C) 11503/2018 and connected matters Page 1 of 9
CORAM:
JUSTICE S. MURALIDHAR
JUSTICE TALWANT SINGH
JUDGMENT
Mr. Talwant Singh, J.
1. The writ petition No. 11503/2018 is taken as a lead petition. Facts are
similar in all three petitions hence the facts written in writ petition
No.11503/2018 are elaborated here. All the three Petitioners have prayed
for quashing and setting aside for list of selected candidates for paramilitary
forces which was prepared after the examination conducted in 2017 and has
sought a writ of mandamus by way of directions to the Respondents for
allotment of Central Industrial Security Force („CISF‟). As per their choices
and keeping in view the vacancies are available as per correct interlocution
system for calculation and allotment of vacancies. The Union Public
Service Commission („UPSC‟) had conducted an examination followed by
physical/medical test and interview in the year 2017 for the post of Assistant
Commandant in Paramilitary Force for which 170 candidates were selected.
So quota of Ex-servicemen Reservation was to be done @10% was of 17
vacancies. All the three Petitioners are Ex-servicemen, only six candidates
for these 17 posts reserved for Ex-servicemen had qualified and instead of
making the Paramilitary Force of their choice available to them, all of them
were allotted one Paramilitary Force, hence the present writ petition has
been filed by three such candidates. Main grudge of these Petitioners is
interlocking rule of horizontal and vertical consideration was not complied
with and if the said rule is applied correctly then these three candidates can
be inducted in Paramilitary Force of their own choice. As per the Petitioners
the said 17 vacancies have to go to the following four Paramilitary Force as
under:-
Name of Service Total vacancies Ex-Servicemen
(Admitted fact Quota @ 10%
(Annexure A-2) by calculation
2. Instead of appointing the three Petitioners in the force of their choice, they
were put together at the end of the list and were given posting as under
alongwith other Ex-servicemen
Name of Ex- Order of First Second Correct Wrongly
servicemen Merit Choice Choice allotment as allotted
and Status per haphazardly
choice/vacancy
Pankaj 165 CISF SSB CISF SSB
Yadav
Petitioner1
Navin Non 166 CISF BSF CISF BSF
petitioner
Monu 167 CISF SSB SSB CRPF
Petitioner 2
Rishabh 168 CISF SSB SSB CRPF
Kumar
Sharma
Petitioner 3
Tikam 169 CISF SSB SSB CRPF
Chand Non
petitioner
Vivekanand 170 CISF SSB SSB CRPF
Prasad Non
Petitioner
3. The Petitioner protested against the wrong allotment of Paramilitary
Forces for 5th October, 2018 to 20th October, 2018 by sending e-mail and
letters and feeling aggrieved they have filed the present petitions.
4. A detailed counter affidavit has been filed on behalf of the Respondents
mentioning therein that CRPF was nominated as Nodal Force to conduct the
exam for the post of Assistant Commandant in the year 2017. UPSC
published the notice for examination with last date for submission of
application mentioned as 5th May, 2017 written examination of the said
recruitment was conducted by UPSC on 23rd July, 2017, result was declared
by UPSC on its website on 18th August, 2017 in which names of the
Petitioners were mentioned as successful candidates total 1200 candidates
have qualified the written examination out of which 1140 candidates filled
their Detailed Application Form (DAFs) online, including the Petitioners.
Call letters have conducted the medical examination were issued from 11 th
December, 2017 to 21st December, 2017 to all the candidates including the
Petitioners. Interview/personality test was conducted by UPSC from 17 th
May, 2018 and finally 170 candidates were selected and this list was
declared on 29th June, 2018. All the three Petitioners were placed at sl. No.
165 onwards. Total number of tentative vacancy was as under:-
--------
--------
5. The said vacancies were again increased by UPSC as per the following
details:-
Sl.No. Name of Force Initial Vacancy Increased Total
vacancy
2 CRPF 65 +13 78
3 CISF 23 -02 21
6. 10% of such vacancies were earmarked for Ex-servicemen. It was
clarified in the advertisement dated 12th April, 2017 that service allocation
of candidate will be made on the basis of post in the merit list and his
preference and the allocation was done accordingly. Since the Petitioners
were placed in the merit list at the bottom side (from sl. No. 165 onwards),
hence the Four force allocation as done by the Nodal Force (CRPF) and the
same was approved by Ministry of Home Affairs (MHA). The Petitioners
were allocated CRPF as per the rules. Accordingly, the petitioner Pankay
Yadav was allotted SSB, Manu was allotted to CRPF and Rishabh Kumar
Sharma was also allotted CRPF. The Petitioners belonged to OBC cadre
and vacancies of CISF were filled up to the rank of 21 whereas Petitioners
were placed at sl. No. 165 onwards. The second choice given by Petitioner
Pankaj Yadav was SSB accordingly he was allotted SSB. It has been
clarified that instead of 170 there were 190 vacancies and 10% of the same
reserved for Ex-servicemen to 19 and only 6 Ex-servicemen had qualified
the said exam and their allotment of the Forces had been made on the basis
of the position in the merit list and his preference. An additional affidavit
was also filed by the Respondents on 10th July, 2019 in response to the order
to the Court dated 22nd April, 2019, which is reproduced hereunder:-
"$~14 to 16
* IN THE HIGH COURT OF DELHI AT NEW
DELHI
+ W.P. (C) 11503/2018
PANKAJ YADAV ..... Appellant
Through: Ms. Archana Ramesh,
Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Jaswinder Singh,
Advocate with Mr.
Sushil Kumar Pandey,
Sr. Panel Counsel with
Mr.R.R. Sharma, and Mr.
K.C.Joshi from CRPF.
Mr.Vivek Kumar Singh,
DC Law CRPF with
Mr.Deepak Kumar, SI
CRPF.
+ W.P. (C) 11507/2018
MONU ..... Appellant
Through: Ms. Archana Ramesh,
Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Mahender Kr.
Bhardwaj,Mr.K.C.Dubey
and Ms. Vinita Kumari
Ashutosh Advocates for
R-1 to R-3.
Mr.Vivek Kumar, Singh,
DC Law CRPF with
Mr.Deepak Kumar, SI
CRPF.
+ W.P. (C) 11511/2018
RISHABH KUMAR SHARMA ..... Appellant
Through: Ms. Archana Ramesh,
Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Mahender Kr. Bhardwaj,
Mr.K.C.Dubey and Ms. Vinita
Kumari Ashutosh Advocates
for R-1 to R-3.
Mr.Vivek Kumar, Singh, DC
Law CRPF with Mr.Deepak
Kumar, SI CRPF.
CORAM:
JUSTICE S.MURALIDHAR
JUSTICE I.S.MEHTA
ORDER
% 22.04.2019
1. The replies filed by the Respondents do not address the
principal issue of how the 10% of the vacancies earmarked for
ex-servicemen, which the Respondents acknowledge is 19
(being 10% of 190), have been sought to be filled up. In
particular, the Court would like to know (i) if there is a separate
cut off mark for the ex-serviceman quota and (ii) whether the
three Petitioners before this Court, who are at serial Nos. 165,
167 and 168 in the combined merit list were included therein
only because of such separate cut off mark for ex-servicemen or
in terms of a general cut off mark for all
candidates?
2. The Respondents shall file an additional affidavit answering
the above queries raised by the Court, not later than one week
prior to the next date.
3. List on 17th July 2019."
7. The relevant para No. 3 of the said counter affidavit is reproduced herein:-
"3. That, in response to the Hon'ble Court order dated
22.04.2019 the answering respondents sought the information
from the UPSC and in reply, the Under Secretary, UPSC, New
Delhi vide letter No. 1/22(10)/2018-E-XIII dated 23.05.2019
has informed that a separate cut off mark for the Ex-servicemen
quota had been fixed as per Rules of CAPF(ACs) Examination
2017. The final result of CAPF (ACs) Exam-2017 was released
vide Press Note Dated 29.06.2018 in which the name of 170
successful candidates was declared and petitioners at Sr. No.
165, 167 and 168 in the Combined merit list were included
therein by virtue of their merit in Ex-servicemen quota
(separate cut-off than general cut-off)"
8. The detailed mark-sheet of all the candidates is also available on record
which shows that out of total marks of 600, the top most candidate Chirag
Garg had obtained 385 marks and the candidate at sl. No.164 Mr.Daware
Anup Shyamrao who belonged to SC category had obtained 295 marks out
of total 600 marks. The six servicemen who were shown at sl.No.165 had
obtained the following marks:-
Sl. No. Name Marks
165 Pankaj Yadav 246
168 Rishabh Kumar Sharma 209
169 Tikam Chand 201
170 Vivekanand Prasad 183
9. It is clear that Ex-servicemen were included in the combined merit list by
virtue of a separate cut-off than the general cut-off. It is significant to note
here that the last Ex-servicemen Vivekanand Prasad who was shown at
Sl.No. 170 had obtained only 183 marks. The selection list was prepared on
the basis of the separate cut-off by giving a relaxation and separate selection
list on Ex-servicemen. Once the selection has been made, all the successful
candidates have been ranked in seniority on the basis of the total marks
obtained by them and thereafter the choice of Paramilitary Force was
complied and out of four choices given by them, the candidates were
allocated the Paramilitary Force of their choice. If the required vacancies
are filled in a Paramilitary Force up to a particular member naturally the next
candidate in line, even though he had been given his first choice of the said
Paramilitary Force cannot be accommodated and he is to be allotted the
second force of his choice which has been done by the Respondents. There
is no illegality in preparing the merit list and allocation of forces to the
candidates as the Ex-servicemen candidates i.e. Petitioners and other
candidates have qualified on the basis of the lower cut-off marks awarded to
them.
10. There is no ground to interfere in the result so declared. All the three
writ petitions are without any merit and there are hereby dismissed. No
order as to cost.
TALWANT SINGH, J
S. MURALIDHAR, J
DECEMBER 24, 2019
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