SAURABH Vs. UNION OF INDIA

JUDGEMENT

(1.) Since both the petitioners in the aforesaid petitions are aspirants desiring to join the respondent no.2 as Head Constable (Radio Mechanic), and both the petitions involve similar issues, raise similar contentions with similar prayers, therefore, this Court after hearing the learned counsels for the petitioners, is proceeding to decide them by this common judgment.

(2.) As per the common brief background involved, the Director General, Border Security Force, i.e. respondent no.2 herein, on 20/8/2022 issued an advertisement for filling of 248 posts of Head Constable (Radio Mechanic), of which, 64 posts were reserved for Other Backward Castes [OBC] category. Though the petitioner in each of the two petitions applied for the post of Head Constable (Radio Mechanic) under the OBC category and successfully cleared three stages of the examination, their names did not appear in the final merit list declared on 12/4/2023.

(3.) Being aggrieved, the petitioners 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 Mechanic). 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.