GOVT. OF NCT OF DELHI Vs. NARESH KUMAR

JUDGEMENT

(1.) ON February 20, 2009 the Commissioner of Police issued an advertisement inviting applications from eligible candidates to fill up 6141 vacant posts of Constable (Executive) Male; indicating therein that 3101 posts were unreserved, 1658, 921 and 461 posts were reserved for OBC, SC and ST candidates respectively. It was further indicated that in each category 10% posts would be reserved for ex-servicemen.

(2.) THE respondent applied for the above post in the OBC category. Being found eligible, he appeared for the written test conducted on August 02, 2009 and cleared the same. He successfully cleared the interview held in the month of October, 2009 and vide letter dated November 11, 2009 was called for medical examination at Guru Gobind Singh Hospital, Delhi. The Commissioner of Police thereafter issued a final select list dated December 25, 2009 in which the name of the respondent was not to be found.

(3.) THE respondent sought information under the Right to Information Act, 2005, as to why his name was not found in the select list to which he received the information vide letter dated August 02, 2010 informing that in the OBC category the cut off marks being 66 of the last empanelled candidate notwithstanding respondent also having 66 marks was not empanelled because if two or more candidates had the same marks the one who was elder was placed above the younger in order of merit. The respondent had also sought information whether all notified vacancies in the OBC category were filled up and whether all empanelled candidates had joined, and he was informed that 18 candidates in the OBC category had not joined because their candidature was cancelled on being found involved in criminal cases and that 7 candidates had not joined. In other words information given was that 25 of the 1658 posts reserved for OBC candidates were unfilled.