KAJAL MAHANTA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner's complaint is that the respondents wrongly cancelled his appointment to the post of Head Constable (Ministerial) by order dated 09.01.2014. According to the Central Reserve Police Force Assistant Sub Inspector (Steno) and Head Constable (Ministerial) Recruitment Rules, 2012, 15% of the cadre is to be filled by Limited Departmental Competitive Examination ("LDCE") and the balance 85% through direct recruitment. The eligibility conditions and the categories of employees entitled to appear in the LDCE are spelt -out in Column 11 of the Schedule to the Rules:

(2.) THE petitioner concededly was Head Constable (Radio Operator) - a separate and distinct cadre. In a composite recruitment process which sought to fill LDCE and direct recruit vacancies, the petitioner was permitted to participate on the basis of a No Objection Certificate ("NOC") granted in that regard on 10.12.2012. He was declared "selected" in the subsequent recruitment process which comprised of a test - held in March 2013. Since he was required to submit a technical resignation, which he did, the CRPF accepted it with effect from 02.12.2013 and appointed him as Head Constable (Ministerial) on 02.12.2013. The appointment was later withdrawn/cancelled by the impugned order. Sh. N.L. Bareja, learned counsel for the petitioner contends that the NOC issued by the CRPF was a conscious decision which allowed him to participate in the recruitment process for LDCE. It was emphasized that having proceeded to uphold the petitioner's candidature to participate in the process - in which he was successful and even appointed him to the post after accepting his resignation, CRPF cannot now turn around and contend that he was ineligible to participate and get appointed to the LDCE vacancies.

(3.) WE notice that the petitioner has been reverted to the original/parent cadre as Head Constable (Radio Operator). In these circumstances, no relief is warranted. The writ petition is accordingly dismissed.