SUBHASH CHHILAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In the year 2016, applications to fill up 872 posts of Sub-Inspector, Assistant Sub-Inspector and Head Constable in Sashatra Seema Bal, Ministry of Home Affairs, Government of India were invited through an advertisement. The process of selection comprised three stages i.e. physical test, document verification and written examination, wherein the minimum qualifying marks were 50%. The result of the examination was declared after three years in the year 2019 and due to inordinate delay in completing the recruitment process, many candidates could not join the department. Those petitioners, who had scored above the qualifying marks of 50% but were not appointed [W.P.(C) 60/2020; W.P.(C) 9323/2020 and W.P.(C) 2911/2021], have approached this Court seeking a direction to the respondents to fill up the leftover or unfilled vacancies, in order of their merit.

(2.) Similarly, an advertisement to conduct open examination to the post of "Constables (GD) in Central Armed Police Forces (CAPFs), NIA and SSF and Rifleman (GD) in Assam Rifles (AR) Examination, 2018 " to fill up 54,953 vacancies was published on 21/7/2018 by respondent No.1. On 16/12/2019 consolidated revised vacancies for the post of Constable (GD) was released increasing the vacancies from 54,953 to 60,210. On 17/12/2019 and 4/3/2020 the result of PET/PST was declared wherein a total of 1,52,226 candidates (female 20,750 and male l,31,476) including the petitioners, qualified for the Detailed Medical Examination(DME). On 9/1/2020 to 10/11/2020 the Medical Examination and the Review Medical Examination was conducted by the CAPFs (Central Armed Police Forces) wherein 1,09,552 candidates, including the petitioners, qualified. The final result was declared on 21/1/2020 and 54,411 candidates were provisionally declared selected for appointment.

(3.) A few of the candidates, who could not make through their appointments in the result declared on 21/1/2020 pertaining to the examination of the year 2018, filed petition [W.P.(C) 2599/2021] before this Court in February, 2021 stating that respondents will release fresh advertisement to conduct the similar examination, which would cause serious prejudice to these petitioners if the leftover vacancies are advertised afresh. Subsequently, a few more petitions [W.P.(C) 5211/2022; W.P.(C) 6700/2022; W.P.(C) 8263/2022; W.P.(C) 11510/2022; W.P.(C) 8247/2021; W.P.(C) 13083/2021 and W.P.(C) 2772/2022] seeking the similar relief were filed in this Court pertaining to the said examination.