MUKUL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Director General, Border Security Force, i.e. respondent no.2 herein, on 20/8/2022, issued an advertisement for filling up of 736 posts of Head Constable (Radio Operator), of which, 269 posts were reserved for Economically Weaker Sec. [EWS] category. Though both of the petitioners applied for the post of Head Constable (Radio Operator) under EWS category and successfully cleared three stages of the examination as well, their names did not appear in the final merit list declared on 12/4/2023.

(2.) Being aggrieved, the petitioner no.1 alongwith other similarly situated petitioners, in the first round of litigation filed a petition before this Court under Article 226 of The Constitution of India being W.P.(C) No.5585/2023, inter-alia, seeking setting aside of the result declared on 12/4/2023 as also publication of answer key for the OMR based examination, declaration of marks obtained by the petitioners and cut-off marks for all categories and re-examination of the case of petitioners therein for appointment to the post of Head Constable (Radio Operator). On the first hearing of the said petition, the respondents were directed to inform the petitioners of their score and show their OMR answer key alongwith the answer key prepared by the respondents. In response, this Court was apprised that a question therein was indeed found 'incorrect'. Thus, the said writ petition was dismissed by this Court vide order dtd. 8/5/2023, albeit, with liberty to file afresh assailing the discrepancy found.

(3.) Thereafter, in the second round of litigation, the petitioner no.1 filed another petition before this Court under Article 226 of The Constitution of India being W.P.(C) No.6680/2023, inter-alia, seeking modification of the final result declared on 12/4/2023 for the post of Head Constable (Radio Operator) as also re-examination of his case. This Court, while disposing of the aforesaid writ petition, vide reasoned order dtd. 18/5/2023, directed the respondents to treat the said writ petition as a representation and also to decide the same by the Board of Officers within six weeks.