KRISHAN GURJAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner prays for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the order dated December 24/30, 2013 cancelling the candidature of the petitioner for appointment to the post of SI/GD through COP's Examination 2011 and also debarring him for a period of five years from the Commission's examinations. A mandamus is also sought directing the respondents to consider his case for revoking the offer letter dated August 02, 2012 and for appointing the petitioner to the post of SI/GD in accordance with his position along with his batch-mates so appointed.

(2.) The necessary facts to be noticed for disposal of this writ petition are that the petitioner applied in response to an advertisement dated May 28, 2011 notified in the Employment News inviting applications to the post of SI/GD by way of direct recruitment through CPOs Examinations, 2011. In March, 2011 the petitioner appeared in the recruitment process including written test held on August 28, 2011 and interview held on February 02, 2012. Upon declaration of final result on March 01, 2012, he was declared successful for appointment to the post of SI/GD. It is his case that he was directed by the Director General of BSF to report to the Training Centre, Gwalior on September 10, 2012 for undergoing the prescribed training vide letter dated August 02, 2012. It is averred that subsequently, he received a letter dated August 30, 2012 cancelling the offer of appointment dated August 02, 2012 on the basis of recommendations received from SSC to the effect, on detailed post examination analysis of the written test in respect of 76 candidates, including the petitioner, it was found he was involved in malpractices. Pursuant thereto, on May 06, 2013, he received a letter signed by the Under Secretary to show cause by May 15, 2013 as to why he be not debarred from all examinations/recruitments conducted by the Commission for a period of five years as he was prima facie found to be involved in resorting to malpractices in Paper-I and Paper-II of the written examination. He submitted his reply on May 15, 2013 denying all the allegations of his involvement in any malpractices. Thereafter, he received another notice dated May 31, 2013, this time signed by the Regional Director setting out therein that as informed by the SSC (Headquarters), incontrovertible and reliable evidence has emerged during such scrutiny/post examination, analysis that the petitioner had resorted to copying in the said papers in association with other candidates, who also took the same examination but that too without divulging the name of such candidates along with whom the petitioner is alleged to have resorted to copying. The petitioner submitted his response on June 12, 2013 reiterating contentions as set out in his earlier reply dated May 15, 2013.

(3.) According to the petitioner after gap of about six months, he received an order dated December 24/30, 2013 whereby not only his candidature for appointment to the post of SI/GD was cancelled but he was debarred from appearing in the Commission's examinations for a period of five years.