SUNIL SINGH DEV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the present proceedings under Article 226 of the Constitution of India, has challenged the action of the respondents in not treating the petitioner as eligible at par with his batchmates and juniors appointed on clearing the Central Armed Police Force (CAPF) (Sub Inspector) Examination ' 2012, as being illegal. He further seeks a direction to the respondents to promote him to the rank of Inspector (GD) with effect from 25/1/2018, the date on which his junior, namely Sh. Om Prakash (Regiment No. 130031109) and other batchmates were promoted.

(2.) The relevant facts discerned from the record are that the petitioner, aspiring to join the CAPF, upon an advertisement being issued for recruitment to the post of Assistant Sub Inspector (ASI) and Sub Inspector (SI) in the year 2012, applied for the post of Sub Inspector (SI). The petitioner qualified for the Competitive Examination as well as the Physical Endurance Test (PET) conducted by the Staff Selection Commission. The respondent no. 3 declared the final result on 1/2/2013, however, the name of the petitioner was kept in the list of 'withheld category".

(3.) It appears that by an order dtd. 28/6/2013, the respondent no. 3/Staff Selection Board debarred the petitioner and others, for a period of five years, from appearing in any examination conducted by the respondent no. 3. Aggrieved of the same, the petitioner and others filed a Writ Petition, being W.P. (C) No. 5060/2016, which was disposed of by this Court, vide its order dtd. 31/10/2014, holding and directing as under: