VIKAS KUMAR Vs. UOI

JUDGEMENT

(1.) Rule DB. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

(2.) Pursuant to an advertisement published in June, 2004, the petitioners filled up their forms for recruitment of 1435 vacancies to the post of Constables in BSF from the States of Delhi, UP and Uttaranchal. The petitioners cleared the written test, interview, physical test and the medical examination and were given reporting letters on the basis of their selection. It appears that thereafter the petitioners were told not to continue their stay in the BSF unit where they had reported because of the apparent view taken by the respondents that the petitioners did not fulfill the conditions as stipulated in the reporting letters. The only cause why the petitioners are said to be not qualified according to the respondents is that they do not have certificate of hill area which was given in the letters selecting the petitioners, which certificate was a sine qua non of the selection of the petitioners.

(3.) The main plea of the learned counsel for the petitioners is that the petitioners' exclusion from the unit which prevented them from deriving the benefit of the selection, was done without any semblance of any show cause notice to the petitioners in complete violation of the principles of natural justice and the petitioners, who had produced certificates were not given any opportunity to establish the authenticity/efficacy of such certificates and the certificates were ruled out by the respondents without just cause.