NEERAJ CHAHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) As the facts and issues arise in these writ petition are similar, I propose to dispose of both the writ petitions by this common Judgment and Order.

(2.) The Government of India, Ministry of Railways (Railway Board) issued a notification on 10.5.99 notifying the 400 vacancies of Constables, which are to be filled up on all India basis in the Railway Protection Special Force ( hereinafter referred to as R.P.S.F.) However, subsequently by a notification dt. 23.6.99 the vacancy position was increased to 800. In order to fill up the said posts a selection was to be conducted by the Departmental Selection Committee. In these writ petitions , the petitioners challenge the action of the respondents in constituting the Departmental Selection Committee, which according to the petitioners is not constituted in accordance with the law/statute.

(3.) On 31.5.2000, a notification was issued by the Ministry of Railways (Railway Board) whereby the approval of Director General, Railway Protection Force (R.P.P.) was communicated for nomination of four officers. It was indicated in the said letter that one Sh.G.M. Ishwar Rao had been nominated against the O.B.C. category, whose case would be verified and in case he does not belong to O.B.C. category, the committee would co-opt one O.B.C. officer in "the recruitment committee. On 3.6.2000, another letter was issued intimating that Sh. G.M.Ishwar Rao does not belong to O.B.C. category and that one Sh. Arul Jyoti, Assistant Security Commissioner, who belongs to O.B.C. category be co-opted as a member of the Recruitment Board. The petitioners in the present writ petition seek for quashing of the notification dt. 31.5.2000 on the ground that constitution of the Departmental Selection committee is not in accordance with the provisions of Rule 49.2 of the Railway Protection Special Force, 1987 ( hereinafter referred to as R.P.S.F. Rules, 1987).