AVICHAL TOMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) On 27th May, 2021, when these petitions came up before us for admission, inter alia the following order was passed:

(2.) The counsels for the respondents in both the petitions, on enquiry state that counter affidavits in both the petitions have been filed. In the counter affidavit filed in WP(C) 5154/2021, it is stated (i) that the projection/calculation of vacancies in the rank of Sub-Inspector (Executive) (SI/Exe) to be filled through the Central Armed Police Forces (CAPFs) Exam of the year 2018 was NIL, from the beginning of the said recruitment, because of abolition of 1358 posts of SI/Exe during Cadre Review approved by the Ministry of Home Affairs (MHA) vide letter dated 5th February, 2018; (ii) that NIL vacancies in the rank of Assistant Sub-Inspector (Executive) (ASI/Exe) was also due to discontinuance of direct recruitment considering the change in Recruitment Rules of ASI/Exe; (iii) that the projection of NIL vacancies in the ranks of SI/Exe as well as ASI/Exe in Central Industrial Security Force (CISF) for recruitment through 2018 examination was communicated to MHA vide letter dated 6th June, 2018 and to the Staff Selection Commission (SSC) by MHA, vide letter dated 19th June, 2018 i.e. well before the start of the CAPFs Examination, 2018; (iv) that as per the Central Industrial Security Force, Security Wing, SubInspector (Executive) Recruitment Rules, 2013, vacancies in the rank of SI/Exe are to be filled up by two modes, i.e. (a) 50% through direct recruitment and (b) 50% by giving promotions to ASI/Exe who fulfill the eligibility criteria and are found FIT for promotion; (v) vide letter dated 4th September, 2018, 1260 ASI/Exe were found FIT for promotion and promoted to the rank of SI/Exe against the vacancies for promotion quota; (vi) 1575 candidates of 2016 Exams, joined during January-February, 2018 and 88 vacancies were already notified for the year 2017; (vii) thus, against the 1225 vacancies to be filled up by the direct recruitment, CISF already had a surplus strength of 984; (viii) vide letter dated 30th August, 2019 i.e. after more than one year of projection of vacancies for the year 2018, 692 posts of SI/Exe, for recruitment through the examination of the year 2019, were communicated to MHA; and, (ix) accordingly the notification, for recruitment of 692 SI/Exe through CAPFs Exam 2019, was published by SSC on 17th September, 2019. The counter affidavit filed in WP(C) 3069/2021 is to the same effect.

(3.) In view of the aforesaid stand of the respondents in their affidavits and the judgments referred by us in the order dated 27th May, 2021 reproduced above, we have enquired, what remains in the petitions.