MAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant case raises two pertinent questions. The first issue raised in these petitions is whether the appointment to the rank of Assistant Commandant in the Central Industrial Security Force (CISF) by Limited Departmental Competitive Examination (hereinafter referred to as ,,LDCE) tantamounts to appointment by promotion or is a direct recruitment appointment. The second question which has been raised is as to whether the respondents can legally prescribe two medical standards for eligibility of candidates to the same post, one for those to be selected through LDCE for the rank of Assistant Commandant, and, the second for candidates who are promoted to the said rank from the rank of Inspector (the feeder cadre for the promotion to the rank of Assistant Commandant) in the same organization.

(2.) BEFORE examining these two issues, we may briefly consider the facts giving rise to these petitions which are undisputed. Factual narration

(3.) THESE facts are not disputed by the respondents. Vide a notification dated 16th April, 2011, the respondent no.1 invited applications from departmental candidates for filling up vacancies of Assistant Commandant (Executive) for the vacancy year 2010 and 2011. Since both Man Singh and Ajay Tripathi were fulfilling all eligibility conditions, they applied for the same and appeared in the written examination which was held on 19 th June, 2011 by the Union Public Service Commission (hereinafter referred to as UPSC), the respondent no.4 herein.