WAQUAR AKBAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The seven petitioners, and of which the petitioner No.1 is an Advocate, have filed this petition pleading, that (i) the petitioners No.2 to 7 are Constables in the respondents Border Security Force (BSF), posted in Shillong since 2017-2018 and the petitioner No.1 is a practicing Advocate who is authorized by rest of the petitioners to file the present petition in public interest and on behalf of approximately 300 candidates of the Limited Departmental Competitive Examination (LDCE) conducted by the respondents BSF pursuant to the Notification dated 18th September, 2018; (ii) the said LDCE invited applications from Constables (General Duty) (GD), Head Constables (GD), Assistant Sub-Inspectors (ASI) (GD) and Tradesmen meeting the requisite criteria, employed with the respondents BSF, for appointment as Sub-Inspectors (SIs); (iii) the recruitment process comprised of written examination as well as Physical Efficiency Test (PET); (iv) for the purposes of PET, separate standards were provided for candidates from hilly regions, plain lands and Peninsular plateau; (v) PET was conducted between 2nd December to 30th December (the year is not mentioned) at six different locations i.e. in Tekanpur Academy, Madhya Pradesh, Jodhpur Frontier, Rajasthan, South Bengal Frontier and North Bengal Frontier in West Bengal, Punjab Frontier in Punjab, Srinagar Frontier in Jammu and at Shillong Frontier at Shillong, Meghalaya; (vi) Shillong is more than 5000 ft. above sea level, as compared to other locations where PET was conducted; (vii) it is well known that high altitude causes breathing problems, especially for people who are not adaptive or native of high-altitude areas and the efficiency of a person running at high altitude will be much less than a person running in plain areas; (viii) this was the first occasion when PET was conducted at Shillong; earlier PET used to be conducted at North Bengal Frontier at Kadamtala; (ix) for the whole Srinagar Frontier, also having high altitude, PET was conducted in Jammu and Jalandhar, Punjab; (x) even the Indian Army, while conducting PETs provides extra time for participating candidates if the PET is conducted at locations of high altitude of more than 5000 ft. above sea level; (xi) however the notification for the subject LDCE did not provide for extra time for 1600 mtr. race in Shillong, Meghalaya Frontier which is more than 5000 ft. height above sea level and the candidates undertaking PET at Shillong were to be compared with the candidates taking part in 1600 mtr. race at plain areas; (xii) the same amounts to discrimination on the basis of region; (xiii) this discrimination reflected in only 25% of the candidates being able to complete the race of 1600 mtrs. in 6 minutes 30 seconds at the Shillong, Meghalya Frontier in comparison to 70% candidates who completed the race at other locations; (xiv) also, the track provided in Shillong was of 200 mtrs. only instead of 400 mtrs. as provided at other locations and which also hamper the running capacity of the candidates; (xv) though representations were made to conduct the PET again, either by providing extra time for 1600 mtrs. race or at a different location, other than Shillong but were rejected stating that the best available ground had been provided to candidates of Shillong Frontier and without considering the huge geographical difference between Shillong and other locations; (xvi) the notification for the PET conducted in 2017 provided 30 seconds extra on top of the standard time provided for the PET conducted at locations at altitude between 5000 ft. and 9000 ft. above sea level and 120 seconds extra on top of the standard time at locations at altitude between 9000 ft. and 12000 ft. above sea level; and, (xvii) the Director General, BSF also issued instructions for the PET held in 2011, thereby providing extra time for candidates running at altitude higher than 5000 ft above sea level.

(2.) On the aforesaid pleas, relief, of direction to the respondents BSF to re-conduct the PET for candidates of the Shillong Frontier with extra time or at another location and for maintaining status-quo qua declaration of results till disposal of this petition is sought.

(3.) The petition came up before this Court first on 2 nd March, 2020, when notice of the petition was issued and the declaration of the results of the LDCE 2018-2019 was made subject to the orders in this petition.