ALAM SINGH Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ, order or direction in the nature of certiorari quashing the order dated 08.03.2013 passed by the Central Information Commission and to hold that the information sought by the petitioner is not exempted under Section 24 of the RTI Act; issuance of a writ, order or direction in the nature of mandamus directing respondent Nos.2 and 3 to place on record the information sought by the petitioner through RTI from the respondents and issuance of a writ, order or direction in the nature of mandamus directing the respondents to place on record the policy under which the selection of candidates were made to the post of Assistant Sub Inspector (Stenographer) and Head Constable (Ministerial) as published in the employment newspaper dated 27.03.2010.

(2.) The petitioner who is serving in Border Security Force (in short 'BSF') as a Constable had applied for recruitment to the post of Head Constable (Ministerial) against a departmental quota vacancy. As per the laid down criteria, the selection process was divided into two phases: First phase comprised of Written Examination while the Second phase comprised of i) Physical Measurement; ii) Typing Speed Test; iii) Computer Knowledge Test; iv) Documentation and then Interview and Medication Examination.

(3.) As per the petitioner, he had qualified all the tests prescribed under the said two phases but he was not selected to the post of Head Constable (Ministerial). This petitioner had also filed a writ petition bearing W.P.(C) No.8558/2011 earlier but the same was dismissed as withdrawn vide order dated 08.12.2011. The petitioner also filed a RTI application on 05.10.2011 to seek information with respect to the aforesaid result dated 01.03.2011 but respondent No.2- the Directorate General Border Security Force vide letter dated 14.10.2011 refused to give any information with regard to the said result. The petitioner once again approached the Ministry of Home Affairs through a RTI application on 03.05.2012 to seek complete information with regard to the selected and non-selected candidates and their respective marks etc. concerning the said recruitment to the post of Head Constable (Ministerial) based on the departmental quota test but no such information was made available to the petitioner. The petitioner had preferred an appeal under the RTI Act, and the Appellate Authority vide orders dated 22nd May, 2012 and 31st May, 2012 had rejected the appeal filed by the petitioner in view of the fact that the Border Security Force being a Security Organisation is an exempted Organisation, as listed under Scheduled II of the RTI Act and therefore is not amenable to any provision contained in the RTI Act by virtue of Section 24 of the RTI Act. Aggrieved by the orders dated 22.05.2012 and 31.05.2012 passed by the Appellate Authority, the petitioner preferred a Second Appeal before the Central Information Commission (in short 'CIC') and the said second appeal also got dismissed by the CIC vide order dated 08.03.2013.