MUKESH KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner is aggrieved by the exclusion of his name in the select list prepared by the respondents who had advertised for applications of the eligible individuals to various posts in the Border Security Force.

(2.) The brief facts are that in the Border Security Force sometime in 2011-12, 66 vacancies existed in respect of the various technical trades, in BSF Air Wing 66. There were three categories indicated i.e. Fixed Wing, Rotary Wing and ALH/Cheetah. It is not in dispute that in the first round of recruitment, 37 applicants were selected and subsequently appointed. Apparently, the petitioner had applied and participated in the recruitment process unsuccessfully; he was declared medically unfit. The controversy here, however, does not pertain to that selection. The second advertisement was issued on 11- 17.02.2012. Subsequently, an addendum appears to have been published in August, 2012. The vacancies ultimately, published and made known to the general public as follows:

(3.) The petitioner had applied to the position of AAM (ASI) in the trade/sub-specialization of Avionics. It is contended by the petitioner firstly that the select list drawn up was not operated transparently and that even though he stood first amongst even most meritorious candidates in the SC category, he was not appointed. It is submitted that the respondents instead appeared to have treated the petitioner's application as one of the general category candidate and considered him as against the last merited candidate in the OBC category and rejected the application. Learned counsel for the petitioner submitted that the procedure adopted is arbitrary. He has relied upon the terms of the advertisement which indicated that four Scheduled Caste vacancies existed in the BSF Air Wing in the Rotary Sub Category.