LAWS(DLH)-2016-5-280

HARIOM Vs. COMMISSIONER OF POLICE & ANR

Decided On May 18, 2016
HARIOM Appellant
V/S
Commissioner Of Police And Anr Respondents

JUDGEMENT

(1.) Hariom, a Head Constable in Delhi Police, impugns order dated 17th August, 2015 passed by the Principal Bench of the Central Administrative Tribunal, whereby his OA No.4266/2014 has been dismissed on the ground of limitation.

(2.) The petitioner who was working as a head constable, pursuant to the advertisement for filling up 19 vacant posts of Sub -Inspectors (Exe.), had participated in Phase -II, 2009 Examination. The general public had also participated for filling up 380 open posts. Thus, Phase -II, 2009 Examination was a common examination for selection by way of direct recruitment from general public, and against 10% quota earmarked for departmental candidates, i.e., Constables, Head Constables and Assistant Sub Constables working in the Delhi Police.

(3.) The petitioner had secured 157 marks but did not qualify as a departmental candidate because other departmental candidates had higher marks. The last selected departmental candidate had secured 163 marks. However, the petitioner had secured higher marks than the last open unreserved selected candidate who had secured 155 marks. As the petitioner had not applied in the open category, he was not selected in the open category.