ROHIT SINGH RATHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by 44 petitioners, who are serving personnel of the Indo Tibetan Border Police ('ITBP', for short)/respondents, with the following prayers:-

(2.) It is the case of the petitioners and as contended by Mr. Vivek Sheel, learned counsel appearing on behalf of the petitioners that the petitioners are in common aggrieved with administrative actions of the respondents which have caused the petitioners injustice, as they are being placed below their juniors in the selection panel for deputation at Indian Mission in Afghanistan. It is further his case that the impugned actions of the respondents are in defiance of their own standing orders, policies and settled principles of administrative law. He has also submitted that the petitioner No. 1 has been duly authorized to pursue the present petition on behalf of all the other petitioners.

(3.) He further submits that ITBP is primarily a border guarding force. It is entrusted with the task to provide security cover to Indian Embassy and Consular missions in Afghanistan. For the aforesaid purpose, ITBP prepares a panel of its best serving personnel across the ranks of Constable, Head Constable, Subordinate officers and Officers, for their deployment to the Indian Missions Abroad, ('IMA', for short), Afghanistan. In order to streamline the process of selection of ITBP troops for security of IMA at Afghanistan on deputation basis and deployment with UN Mission etc., ITBP had issued a Standing Order No. 04/2017 ('SO-I', for short) dated June 07, 2017, laying down the eligibility and other terms of selection. The said SO-I, is the standing policy document, which exhaustively lays down the eligibility criteria, process of selection of personnel, their induction and de-induction from the selected panel of personnel.