BADAN SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE facts giving rise to the instant petition are undisputed and are within the narrow compass. To the extent necessary, they are noted here in after. The writ petitioner was appointed as Driver in Transport Battalion of the Indo -Tibetan Border Police Force (hereinafter referred to as 'ITBPF') on 9th December, 1987 after successfully participating in the direct recruitment test conducted by the respondents. It is stated by learned counsel for the petitioner that because of his outstanding performance and sincerity, the petitioner was promoted as Lance -Naik/Driver. The petitioner was promoted as Naik/Driver in the year 1995. The petitioner was eligible for undertaking the Map Reading Stage II (MR II) course in the year 2006. Our attention has been drawn to the General Instructions issued by the respondents wherein Chapter III, the respondents have considered the functioning of the Indo -Tibetan Border Police (hereinafter referred to as 'ITBP') training establishments which are responsible for planning, organising and conducting approved training programmes. In Chapter III para 54, the respondents have prescribed the manner in which the nomination for the courses would be effected. Given the nature of challenge raised in the present writ petition, the relevant extract thereof deserves to be considered in extenso and reads as follows: -

(2.) A special categorisation has been effected in para 55 of the above guidelines, so far as nomination for promotion courses are concerned, the relevant portion whereof reads as follows: -

(3.) THE petitioner has complained that despite his eligibility, for reasons best known to the authorities, he was not nominated for undertaking the Map Reading Stage II course till July, 2010. The petitioner made a representation to the respondent regularly and was finally permitted to appear in the D -List course for the period 12th July, 2010 to 22nd September, 2010 at Pegog (Sikkim). It is an admitted position that the petitioner had undertaken the said course and successfully qualified the same. As a result, for the fault of the respondents, he was not considered for appearing in 'D' List test of the ITBPF for promotion to the rank of Sub -Inspector on the due date.