VIRENDER SINGH PANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) An advertisement was issued by the Staff Selection Commission (,,SSC for short) on 05.03.1994 for recruitment to the post of Sub Inspector (Executive). The scheme of examination required a candidate to qualify in the written examination to be followed by a personality test, physical test and physical measurements including vision test. The examination was held on 03.07.1994 and the petitioner participated in the same. The petitioner was successful in the written examination, result of which were declared on 19.07.1995. However, in the physical efficiency test, the petitioner failed and thus was not recruited.

(2.) The petitioner challenged the action of his non recruitment for failing the physical test by filing OA No.1523/1995 and prayed for a second physical test. The CAT acceded to the said request and thus a second physical examination of the petitioner was carried out on 09.01.1997 in which he was declared successful. In the meantime, however, a batch of candidates recruited in pursuance to the examination of 1994 was sent for training on 19.11.1996. The petitioner was also interviewed on 17.1.1997 and the result of the petitioner was declared on 10.03.1997 informing him that he could not qualify due to his low merit. The petitioner requested the SSC to supply him the detailed marks on 01.04.1997. Thereafter, the petitioner made a detailed representation on 26.08.1997 predicated on the decision of the Supreme Court in SLP No.16356-16358/2006 Vijay Pal Singh and Ors. V. UOI and Ors. decided on 14.08.1997. It would be relevant to notice at this stage that some of the candidates who had been recruited had total marks less than that of the petitioner but despite this the petitioner was not recruited on account of the fact that he had failed to obtain the minimum marks in Paper III for Hindi. Respondents claimed to have fixed a minimum percentage of 40 per cent which required the petitioner to obtain at least 80 marks out of 200 marks, but the petitioner had only obtained 68 marks.

(3.) There were other candidates who had appeared for 1994 examination and were similarly situated as the petitioner inasmuch as they had failed to obtain the minimum marks in Hindi. These persons had approached CAT by filing OA Nos.2226/2005, 1880/1995 and 1975/1995, but their challenge was negated vide order dated 26.07.1996, It is against this order that SLP Nos.16356- 16358/1996 and 24653/1996 were filed. To gauge the purport of the Supreme Court judgment, it is necessary to reproduce the order which is a short one: