Rajan Sharma And Another vs
2021 Latest Caselaw 373 j&K

                                                                                   S. No.111
                               HIGH COURT OF JAMMU AND KASHMIR
                                             AT JAMMU


                                                                        WP(C) No. 113/2021
                                                                        CM No. 507/2021


             Rajan Sharma and another                                             ...Petitioner(s)

                             Through :- Mr. Ajaz Chowdhary, Advocate
                            v/s     <




        't
             Union of India and others                           .....Respondent(s)

                                   Through :- Mr. Vishal Sharma, ASGI



        Coram:                 HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                                       ORDER

1. In this petition, the petitioners have inter alia sought a direction to

the respondents to select and appoint them as Constable in BSF under

Economically Weaker Section (EWS) category in view of the certificates issued

in their favour by the Tehsildar Vijaypur.

2. The short grievance projected is that since both the petitioners

belong to the category of EWS and have requisite certificates from the competent

authority to their credit, the respondents have not accorded consideration to them

under EWS category.

3. Respondents have filed short affidavit wherein it is stated that

pursuant to Directorate General BSF (Personnel Directorate Recruitment

Section), New Delhi Letter No. 22/36/Rectt-Rally/CT(GD)/J&K/R/BSF/

2019/11306-14 dated 1st November, 2019, a Special Recruitment (in rally mode)

PARAMJEET SINGH 2021.03.26 10:04 I attest to the accuracy and integrity of this document

for the post of Constable (GD) in Border Security Force (BSF) and Central

Industrial Security Force (CISF) was carried out in the Union Territories of J&K

and Ladakh. BSF was nominated as Nodal Force to organize Recruitment Rallies

in the Union Territories of J&K and Ladakh.

4. It is stated that in Jammu region, four Centres i.e. Ftr HQ BSF

Jammu, Paloura, 48 Bn. BSF Campus Painthee (Samba), STC BSF Camp

Udhampur and BSF Camp Rajouri for conducting the said recruitment were

earmarked. In the said recruitment, the petitioners, who belong to Samba district,

appeared before the recruitment board at Painthee, Samba, Centre on 11.11.2019

and 13.11.2019 respectively and submitted their application forms. In their

application forms, both of them specifically mentioned their category as general.

They had neither mentioned their category as EWS in their application forms nor

submitted their EWS certificates to substantiate the aforesaid claim. Both the

petitioners were, thus, considered under general category, but could not be

selected in view of their inferior merit vis-a-vis the candidate last selected in the

general category. It is pointed out that petitioner No.1 secured 75 marks and

petitioner No. 2 secured 54 marks in the written examination under general

category, whereas the cut off for male under general category for border districts

for the next stage of recruitment i.e. medical examination was 78 marks. The

petitioners were, thus, below the cut off marks and, therefore, they were not

invited for medical examination. This is how the respondents have justified the

exclusion of the petitioners from the zone of selection.

5. Having heard leaned counsel for the parties and perused the record, I

am of the view that the petitioners having specifically applied under general

PARAMJEET SINGH 2021.03.26 10:04 I attest to the accuracy and integrity of this document

category as is evident from the original application forms produced by Mr.

Vishal Sharma, learned ASGI, are not entitled to seek consideration under EWS

category. So far as selection in the general category is concerned, the petitioners

had obtained 75 and 54 marks in the written examination respectively, whereas

cut off for short listing of the candidates for next stage of examination, i.e.,

medical examination was 78 marks. The petitioners, therefore, were not

permitted to participate in the medical examination and therefore were ousted

from the zone of consideration.

6. Learned counsel for the petitioners has relied upon certain

judgments wherein Hon'ble the Supreme Court as well as this Court has

consistently held that in case a candidate has applied for a post under a particular

reserved category, he may be permitted to supply the proof thereof at any time

before culmination of the selection process. In the instant case, it is apparent

from the record that the petitioner had not applied under EWS category and

therefore, submission of EWS certificates at the subsequent stage of selection

was of no avail.

7. For the reasons stated above, I find no merit in this petition and is,

accordingly, dismissed along with connected CM(s).

(SANJEEV KUMAR) JUDGE JAMMU 24.03.2021 Paramjeet Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No

PARAMJEET SINGH 2021.03.26 10:04 I attest to the accuracy and integrity of this document