WPSS/379/2017
2023 Latest Caselaw 1221 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS 383/2017
                                 With
                                 WPSS 379/2017
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Rajeev Sharma, Advocate, i/b Mr. Vinay Kumar, Advocate for the petitioners.

Mr. D.C.S. Rawat, Standing Counsel, for the respondents.

(2) Since the controversy involved in both the writ petitions is identical, therefore, these are being decided by this common judgment. However, for the sake of brevity, facts of the WPSS No. 383 of 2017 alone are being referred to herein. (3) Petitioner possessed National Cadet Corps (NCC) Certificate 'C'. He participated in a selection for appointment as Soldier (General Duty) in the Indian Army. According to petitioner, NCC Certificate 'C' holders are entitled to weightage in the selection, however, he was not given any such benefit. Consequently, he was declared unsuccessful.

(4) In this writ petition, petitioner has sought the following relief:

"Issue a writ, order or direction in the nature of mandamus directing the respondents to include the name of the petitioner in the Result dated 28th February 2017 published in the Newspaper on 1st March 2017 for the post of Solder(GD) held at Open Rally Banbasa inasmuch as the petitioner is having NCC 'C' Certificate and is exempted from Confirmation Entrance Examination as per Policy of the Central Govt., Ministry of Defence, New Delhi."

(5) A counter affidavit, on behalf of respondents, has been filed by Colonel Binesh Nair. Para 11 of the said counter affidavit is extracted below:

"That in reply to the contents of paragraph 1 of the writ petition it is submitted that candidates who are NCC 'C' Certificate holders are given 100 Marks in the written examination. The selection procedure however takes into account the place in merit list of the candidate which is calculated based on sum total of marks obtained in written examination and marks obtained in physical test. Therefore though the candidate was given 100 (full) marks in written examination based on NCC 'C' certificate he scored only 88 marks in physical test. There were other candidates who had a combined score better than the petitioner in his category and were hence selected."

(6) From the stand taken in the counter affidavit, it is apparent that petitioner has been given benefit of NCC Certificate 'C', however, since the marks scored by him in the physical test was less than required, therefore, he could not be selected.

(7) In such view of the matter, there is no scope for interference. Accordingly, writ petitions fail and are dismissed.

(Manoj Kumar Tiwari, J.) 2.5.2023 Pr