YOGENDRA KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) A petition under Article 226 of the Constitution of India for issuance of Writ of Certiorari for quashing of Order dtd. 15/10/2020 whereby selection of the petitioner for the post of Constable/DCPO has been cancelled and for issuance of Writ of Mandamus for directing the respondents to treat the Driving License of the petitioner as valid and issue Appointment Letter and permit him to join the training along with other candidates with all consequential benefits.

(2.) The facts in brief are that an advertisement in the month of February, 2018 for filling up temporary post of Constable/ Driver cum Pump Operator (DCPO) in Central Industrial Security Force (CISF) was issued. The petitioner being eligible as per the criteria prescribed in the advertisement, applied for the post in the category of OBC. Recruitment process consisted of Height Bar Test (HBT), Physical Endurance Test (PET), Physical Standard Test (PST), Documentation, Trade Test, Written Test and the final was the medical examination. After examining eligibility of the petitioner by taking note of the eligibility conditions prescribed in the Advertisement, petitioner was issued Admit Card and was called for Height Bar Test, Physical Endurance Test on 17/9/2018 which was cleared by the petitioner. Thereafter, he was issued an Admit Card for the written examination which was held on 17/2/2019. After successfully cleared all the examinations, he was declared provisionally selected subject to the medical examination. The list of provisionally selected candidates was published on 16/4/2019 and the name of the petitioner was reflected at Sr. No.328. His medical examination was also conducted and was found fit. He was verbally informed that he would have to report to CISF, Bhilai, Chattisgarh. The petitioner accordingly visited Bhilai, where he was informed that the recruitment process is still underway and the final list shall be declared pursuant to which he would be called for joining. The revised result of provisionally selected candidates was published, wherein the names of all the candidates who were found medically fit on review were supposed to appear, but to the shock and surprise of the petitioner, his name was not included in the list.

(3.) The petitioner filed W.P. (C) No.9723/2019 titled as Vikram Singh & Ors. Vs. Union of India which was allowed by this Court vide judgment dtd. 24/10/2019 with the following directions :