LAWS(DLH)-2012-12-112

GOVIND Vs. UNION OF INDIA

Decided On December 14, 2012
GOVIND Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) FACTS as disclosed by the respondents bring out a rather unfortunate state of affairs and ignorance of the well-known legal principle that no appointment in excess of the vacancies notified can be made. Further, the facts bring out the plight of the citizens of this country by the bureaucracy showing supine indifference to the repeated representations made, thereby encouraging litigations which ultimately turn out to be dud missiles but at the unfortunate cost to the litigant who approaches the Court without knowing the facts as would be ultimately disclosed from the records of the bureaucrats.

(2.) ITBP , a Central Para Military Force sent a requisition to the Staff Selection Commission for recruiting Constables (General Duty) and the Staff Selection Commission conducted the necessary examination in the year 2011. The result of the qualifying examination was declared on August 18, 2011 in which the name and roll number of 6385 candidates was notified because these were the number of vacancies which had to be filled up. Having marks less than the last empanelled candidate, the name of the petitioner was not in the list.

(3.) COMMUNICATIONS continued between ITBP, the Staff Selection Commission and the Ministry of Home Affairs, resulting in the Staff Selection Commission agreeing to send all the files, to be processed by ITBP and taking the ministerial responsibility to simply notify the further select list.