HIRA LAL Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the order dated 17.01.2012 passed by the Central Administrative Tribunal ('Tribunal') in OA Nos.2207/2009 and 2631/2010. The petitioner's Review Petition No. 64/2012 in OA No. 2207/2009 was rejected by the Tribunal on 16.07.2016, which too is under challenge.

(2.) The petitioner was the applicant in OA No.2207/2009. He joined Delhi Police as a constable in the year 1982 through an open competitive examination. The Staff Selection Commission ('SSC') issued an advertisement on 05.11.1994 for holding of a competitive examination for recruitment to the post of Sub-Inspector in Delhi Police, CBI and other police organizations, such as BSF, ITBP, CRPF and CISF. Out of the total of 300 vacancies of Sub-Inspector (Executive) in Delhi Police, 30 seats were reserved for departmental candidates. Out of the said 30 vacancies, 15 were selected from departmental candidates in open category. The petitioner was one of the candidates for appointment as Sub-Inspector (Executive) in Delhi Police. The examination was held on 03.07.1994 by the SSC. The petitioner qualified in the said examination as a General Category departmental candidate. He was interviewed on 19.07.1995 and was included in the gradation list. However, he was not finally selected.

(3.) It appears that the reason for the petitioner and several other meritorious candidates not being selected, was that the petitioner and other similarly placed candidates were shown to have not secured the minimum qualifying marks prescribed for Hindi in Paper-III. This test for Hindi paper was held after the Personality Test had been conducted. Some of those not selected were aggrieved by them being declared unsuccessful on account of not qualifying in the Hindi paper-III. This issue went up to the Supreme Court in Vijay Pal and others vs. Union of India & others, SLP(C) 16356- 16358/1996. The said SLP was disposed of by the Supreme Court on 14.08.1997. The Supreme Court found that the Hindi paper-III could not be considered as a qualifying examination. The petitioners were found to be better placed than the candidates who were selected by the SSC. The Supreme Court directed as follows: